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(영문) 대법원 2018.12.13 2018도15740
전기통신사업법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

On the other hand, the court below did not accept the defendant's request for the selection of a defense counsel because the case is not a requisite attorney.

Even if it is illegal, it cannot be said that it is illegal.

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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