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(영문) 대법원 2016.07.29 2016도7718
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning of the judgment below based on evidence, it did not err by misapprehending the rules of logic and experience in the judgment below that convicted all the facts charged of this case (excluding the portion without charge).

In addition, the argument that the lower court erred by violating the principle of balance of punishment or the principle of responsibility in the determination of sentencing, which goes beyond the inherent limit of the sentencing discretion, is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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