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대법원 2017.11.09 2017도11221

All appeals are dismissed.


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

In such a case, the argument that the court below erred in the misapprehension of legal principles or in the misapprehension of legal principles, or in violation of due process by infringing the defendant's right to defense during the trial in the court of first instance is not a legitimate ground for appeal.

In addition, even if examining the record, the court below did not err by misapprehending the legal principles regarding the right to assistance of a national defense counsel or by infringing the defendant's right to defense, as alleged in the grounds of appeal.

Meanwhile, the argument that the judgment of the court below did not accept the argument on sentencing and reduction of punishment is an unfair 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 punishment of Defendant A is improper because it is too unreasonable in this case where a more minor sentence has been imposed against Defendant A cannot be a legitimate ground for appeal.

2. As to Defendant B’s final appeal, Defendant B did not submit a written reason of final appeal within the period for submission of the written reason of final appeal. Defendant B did not indicate the reason in the final appeal.

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