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(영문) 대법원 2020.06.05 2020도4204
사기등
Text

All appeals are dismissed.

The third part of the judgment of the first instance shall be corrected to "T" by correcting "O" in the third part of the judgment.

Reasons

We examine the grounds of appeal.

1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts through insufficient deliberation is not a legitimate ground for appeal.

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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

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

In addition, the argument that the instant case would be tried together with other cases is not a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

2. As to the Defendant B’s grounds of appeal, Article 383 subparag. 4 of the Criminal Procedure Act affected the judgment on the grounds that the judgment of the court below rendered a death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where a more minor sentence is imposed against Defendant B, the court below's argument that the court below's selection of evidence and its probative value are practically disputed, or that the court below's determination on the selection of evidence and its probative value is erroneous in the misapprehension of legal principles as to sentencing discretion and in the determination of sentencing and the determination of sentencing, and the argument that the sentencing is unfair is not a legitimate ground for appeal.

The argument that there is an error of law in the misapprehension of legal principles as to the legality of a complaint is that the defendant does not regard it as the grounds for appeal, or that the court below does not consider it as the object of judgment

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