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(영문) 대법원 2018.12.28 2018도17262
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued the misunderstanding of facts as well as unfair sentencing on the grounds of appeal, but revoked the grounds for appeal as to mistake of facts on the first trial date of the court below.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

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.

On the other hand, there is no error in the court below's trial procedure as alleged in the grounds of appeal.

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

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