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(영문) 대법원 2014.11.27 2014도12384
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court’s determination that all the facts charged (excluding the part not guilty in the grounds of appeal) were guilty on the grounds as stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, the argument that the court below erred in the misapprehension of the limitation of the principle of balanced criminal punishment, the principle of responsibility, and the principle of equality, by misunderstanding facts in sentencing or failing to properly examine the circumstances on which the conditions of sentencing are attached, is ultimately an allegation of unfair sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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