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(영문) 대법원 2016.01.28 2015도17983
농업협동조합법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for Defendant A’s appeal, the allegation that the lower court erred by deviating from sentencing discretion is ultimately an unreasonable argument in sentencing.

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.

2. Reviewing the reasoning of Defendant C’s appeal, the record reveals that the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred in violation of law regarding confiscation is not a legitimate ground for appeal.

3. According to the records on the grounds of Defendant H’s appeal, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the allegation that the lower court erred by mistake of facts or by misapprehending the legal doctrine is not a legitimate ground for appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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