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(영문) 대법원 2013.05.09 2013도2947
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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 in misunderstanding of facts or misunderstanding of legal principles as to fraud cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor punishment is imposed against the Defendants, the assertion that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

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

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