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(영문) 대법원 2020.11.12 2020도12442
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In a written judgment, a judge’s signature and seal is one (Article 41 of the Criminal Procedure Act), and a judge’s signature and seal is not necessary until a copy of the judgment delivered to the accused is delivered to the accused (see Supreme Court Decision 2007Do3060, Jun. 28, 2007). In short, the lower court did not err by omitting the judge’s signature

According to the records, the defendant 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 aggravated provision of repeated crime is unconstitutional 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 against the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for appeal.

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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