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(영문) 대법원 2016.02.18 2015도19892
부정수표단속법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence, the lower court did not err by misapprehending the legal doctrine on the violation of the Act on the Control of Illegal Check, contrary to what is alleged in the grounds of appeal against the judgment below, which found the Defendant guilty of violating the Act on the Control of Illegal Check, No. 11 or No. 14 of the List of Crimes in the instant facts charged.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the Defendant, the argument that the Defendant’s punishment is unfair because it is too unreasonable does not constitute

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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