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(영문) 대법원 2016.06.23 2016도4685
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, since the court below's decision without complying with the defendant's request for perusal and duplication of trial records is not recognized as seriously infringing the defendant's right to defense, there is an error of law by misunderstanding the legal principles as to defendant's right to request perusal and copy of trial records

Nor can (see Supreme Court Decision 2011Do15869, Dec. 27, 2012). Moreover, according to Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is sentenced.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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