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(영문) 대법원 2015.01.29 2014도15126
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment of the court of first instance in light of the records, since the sentence imposed by the court of first instance is more severe than that imposed by the court of first instance, the court below did not err by violating the principle of prohibition of disadvantageous

In addition, the sentencing criteria of the Supreme Court Sentencing established by the provisions of Article 81-2 of the Court Organization Act are general and objective criteria that are set up for rational sentencing in criminal trials, so they shall be respected in selecting the types of punishment and determining the sentence, but they shall not have the legal binding force.

(Article 81-7 (1) of the Court Organization Act). Therefore, we cannot accept the allegation in the grounds of appeal that the judgment of the court below is unlawful because it violated sentencing guidelines.

In addition, considering various circumstances, such as the Defendant’s age and behavior intelligence and environment, the relationship between the victims, and the motive and consequence of each of the instant crimes, the circumstances after the crime, etc., there is no substantial reason to recognize that the lower court’s sentence of imprisonment for a total of 10 years is extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

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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