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(영문) 대법원 2016.08.17 2016도8607
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only when the death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years is pronounced.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

In light of the content and degree of the defense activity of the national defense counsel in the court below as shown in the record, the ground of appeal that the national defense counsel was not properly supported in the court below's trial cannot be accepted.

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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