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(영문) 대법원 2020.03.27 2020도2497
사기등
Text

The appeal is dismissed.

'Indication of the judgment of the court of first instance' in the judgment of the court of first instance is '2019 early 353, 371, 380, 387 compensation order'.

Reasons

We examine the grounds of appeal.

The lower court did not fully take into account the conditions of sentencing prescribed in Article 51 of the Criminal Act.

The argument that there is an error in violation of Articles 53 and 55 of the Criminal Act is ultimately an allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate

Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed, and due to the omission of the judgment of the court of first instance in the indication of the judgment of the court of first instance, it shall be corrected pursuant to Article 25 of the Regulations on Criminal Procedure

March 27, 2020

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