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(영문) 대법원 2016.04.12 2016도1810
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds of its stated reasoning, and there is no error of law as alleged in the grounds of appeal.

In addition, the argument that the court below erred in the misapprehension of the legal principles as to the application of aggravated repeated crimes to the court below among the grounds for appeal is not a legitimate ground for appeal since the defendant alleged that it was the grounds for appeal or that the court below did not have been subject to an ex officio judgment.

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

Meanwhile, pursuant to Article 383 subparag. 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, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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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