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(영문) 대법원 2018.10.04 2018도11697
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A, the allegation that the lower court erred by mistake of facts and failure of trial in determining the sentencing constitutes an unfair argument in sentencing.

Defendant

Examining various circumstances, including A’s age, sexual conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, and circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than five years and six months cannot be deemed unfair, even in light of the circumstances alleged in the grounds of appeal.

2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the court of first instance, and asserted a mistake of facts as to the sentencing on the grounds of appeal, but revoked the grounds of appeal as to mistake of facts on the seventh trial date of the court below.

In such a case, the argument that the lower court erred by hearing failure and mistake of facts is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of the sentencing grounds is ultimately unfair.

Defendant

Examining various circumstances, such as B’s age, sex, intelligence and environment, relationship with victims, motive, means and consequence of the crime, and circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than three years and four months cannot be deemed unfair, even in light of the circumstances asserted as the ground of appeal.

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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