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(영문) 대법원 2016.07.14 2016도5192
사기미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the Defendant, the allegation that the lower court erred by violating the principle of proportionality in determining the sentencing constitutes an unreasonable argument in sentencing.

However, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

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

2. Examining the reasoning of the lower judgment as to the prosecutor’s grounds for appeal in light of the record, the lower court was justifiable to have acquitted the prosecutor on the charge of attempted fraud among the facts charged in the instant case for reasons indicated

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the commencement of fraud.

3. 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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