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(영문) 대법원 2018.12.28 2018도17001
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the relevant legal doctrine by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, which found the Defendant guilty of violation of the Labor Standards Act and violation of the Guarantee of Workers’ Retirement Benefits Act among the facts charged in the instant case.

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 court below's failure to deliberate on the sentencing constitutes an unfair argument in sentencing, and thus, it does not constitute a legitimate 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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