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(영문) 대법원 2020.02.11 2020도272
사기등
Text

All appeals are dismissed.

The judgment below

The fourth 10th "criminal facts" is referred to as "criminal facts and evidence."

Reasons

We examine the grounds of appeal.

According to the records, the defendants appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the Defendants, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, all appeals shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since it is clear that there is any error in the reasoning of the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of

February 11, 2020

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