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(영문) 대법원 2017.12.07 2017도16517
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below contains an incomplete deliberation on the basic facts of sentencing, an error of misunderstanding facts, or an error of infringing on the essential contents of the principle of balance of crimes or the principle of responsibility is ultimately an unfair argument of 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 determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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