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(영문) 대법원 2019.10.31 2019도11075
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Whether or not to postpone the date of trial or the date of declaration notified or whether to consolidate pleadings falls under the discretion of the court (see, e.g., Supreme Court Decisions 2017Do11757, Oct. 12, 2017; 2019Do3384, Apr. 25, 2019). The lower court rejected the Defendant’s application for postponement of the date of trial or the date of declaration, and the lower court’s application for postponement of the date of trial or the date of declaration cannot be deemed unlawful on the ground that it did not combine the Defendant with other cases,

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.

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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable cannot

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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