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(영문) 대법원 2015.03.12 2015도782
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.

Inasmuch as an appeal may be filed on the grounds that there are significant grounds to recognize the amount of punishment or that the amount of punishment is extremely unfair, the argument that only the fact-finding of the lower court is not a legitimate ground for appeal in this case where the Defendant was sentenced to a more minor punishment, without specific grounds for violation of Acts and subordinate statutes, etc

Further, among the grounds of appeal, the defendant's complaint is merely an exaggeration of fact, and thus no accusation is established shall not be a legitimate ground of appeal, as it is alleged in the ground of appeal by the defendant as the grounds of appeal or by the court below's decision not to be subject to

Furthermore, even if the record is examined, there is no error of law as alleged above in the judgment below.

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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