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(영문) 대법원 2020.09.28 2020도11293
사기등
Text

The appeal is dismissed.

The judgment below

The order shall dismiss an application for compensation by the applicant for compensation of the original court.

Reasons

We examine the grounds of appeal.

The argument that the judgment of the court below erred in violation of the principle of balance of crimes or the principle of responsibility constitutes the argument of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices

September 28, 2020

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