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(영문) 대법원 2021.03.25 2020도17978
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for Defendant B’s appeal, the lower court convicted Defendant B of the facts charged (excluding the part dismissing the public prosecution) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err in its judgment by misapprehending the legal doctrine on the arrest and detention, thereby adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.

The argument that the lower court erred in violating the sentencing guidelines is ultimately unfair in sentencing determination.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an 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.

2. As to the grounds for appeal by Defendant C, the lower court convicted Defendant C of the facts charged (excluding the part dismissing the public prosecution) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine regarding the joint principal offender of the crime of extortion.

3. 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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