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(영문) 대법원 2016.04.28 2016도1110
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just for the court below to have convicted all of the facts charged in the judgment of the court of first instance as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes), and there was no error by exceeding the bounds of

In addition, the argument that there is an error in the misapprehension of legal principles as to the specification of facts charged in the judgment below is not a legitimate ground for appeal, as it is alleged by the defendant only for the grounds of appeal that the court below did not consider it as the subject of judgment ex officio.

Meanwhile, the argument that the lower court’s determination of sentencing contains an error of law that deviatess from the limitation of the discretion of sentencing, such as the misunderstanding of facts, the principle of balance of crimes, and the principle of responsibility.

Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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