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(영문) 대법원 2015.01.15 2014도14720
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 asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below erred by mistake of facts, incomplete deliberation, misunderstanding of legal principles, and misunderstanding of procedure of the court of first instance cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred in violation of the principle of balance of crime and the principle of responsibility is the argument of unfair sentencing.

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 more 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 above assertion or punishment is too unreasonable, and the allegation that the above assertion or 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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