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(영문) 대법원 2017.12.22 2017도18217
사기
Text

All appeals are dismissed.

No. 26,800,000 No. 4 of the column of "the amount acquired through deception" of the crime list attached to the judgment of the court of first instance.

Reasons

The grounds for appeal are examined.

1. According to the record as to the reasons for Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and asserted that Defendant A was erroneous in the sentencing on the grounds of appeal, but at the first trial date of the lower court, Defendant A withdrawn the remaining grounds for appeal except unfair sentencing.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine, hearing failure, or mistake of facts cannot be a legitimate ground for appeal.

In addition, the argument that the lower court erred by mistake of facts in the determination of sentencing constitutes an unfair sentencing argument.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where Defendant A was sentenced to minor punishment, the argument that the amount of punishment is unfair cannot be a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by Defendant B, only a case on which death penalty, imprisonment for life, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that the amount of

Therefore, in this case where a more minor sentence was imposed on Defendant B, the argument that the lower court’s determination of evidence and probative value, which actually belongs to the free judgment of the fact-finding court, or the lower court’s determination of evidence and probative value, violated the sentencing guidelines in the judgment of the lower court, or that the amount of punishment is unfair is not a legitimate appeal.

3. Therefore, all appeals are dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and there are errors in the judgment of the court of first instance as ordered.

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