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(영문) 대법원 2014.08.20 2014도7308
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Sentencing guidelines set up by the Sentencing Committee of the Supreme Court in accordance with Article 81-2 of the Court Organization Act are general and objective criteria set up for rational sentencing in criminal trials, so they shall be respected in selecting the types of punishment and determining the sentence, but they shall not have the legal binding force.

(Article 81-7(1) of the Court Organization Act. Therefore, we cannot accept the allegation in the grounds of appeal that the court below erred in violation of sentencing guidelines without stating the grounds for sentencing due to the incomplete hearing and omission of judgment on the factors to be mitigated among the sentencing factors.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which 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 permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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