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(영문) 대법원 2016.10.13 2016도12177
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below did not combine the defendant with other cases since it belongs to the court's discretion to decide whether to combine the arguments.

The Defendant’s defense right is not infringed.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the facts charged of this case, which did not apply to habitual offenders, is not a legitimate ground for appeal, and it is not a legitimate ground for appeal, as it is asserted by the defendant to the court of final appeal that there was neither

Meanwhile, the argument that the lower court erred by mistake of facts and misapprehension of legal principles in applying the sentencing guidelines constitutes the allegation of unfair sentencing.

However, under 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 not less 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 argument that the sentencing of the 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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