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(영문) 대법원 2018.03.27 2018도601
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds for Defendant A’s appeal in light of various circumstances that form the conditions for sentencing as indicated in the records, such as Defendant A’s age and character environment, relationship with victims, motive and consequence of each of the instant crimes, and circumstances after the commission of the crime, the lower court’s sentence of 10 years to Defendant A cannot be deemed as extremely unfair, even in light of the circumstances alleged in the grounds for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by Defendant B, Defendant F, Defendant G, and Defendant HZ, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing.

In this case where the above defendants were sentenced to a more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. As to the grounds of appeal by Defendant E, the allegation that there was an error of mistake in the determination of the amount of damage in the sentencing of the lower judgment constitutes an unfair determination of sentencing.

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

Defendant

In this case where a more minor sentence is imposed against E, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

Defendant

Although the reasoning of the appeal submitted by E states that “In so doing, the court below erred by violating the Constitution, Acts, orders, or rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment,” it cannot be deemed a legitimate ground for appeal.

4. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of appeal by Defendant H, Defendant DE, and Defendant HE, the lower court, based on its reasoning.

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