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(영문) 대법원 2015.06.24 2015도5368
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, the above Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, a new argument that there is an error of mistake or misunderstanding of legal principles in the original judgment shall not be a legitimate ground for appeal.

In addition, the argument that the judgment below erred in the violation of the rules of evidence on the grounds for sentencing constitutes an unfair sentencing argument.

However, under 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 minor sentence has been imposed on the above defendant, the argument that the sentencing of the sentence is unreasonable

2. According to the records on Defendant B’s grounds of appeal, the above Defendant asserted mistake of facts or misapprehension of legal principles as well as unfair sentencing, while appealed against the judgment of the first instance court, and withdrawn the assertion of mistake of facts on the fourth trial date of the lower court.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, according to records and evidence, the judgment of the court below that convicted the above defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on December 14, 2012 among the facts charged in this case cannot be said to have erred by misapprehending the legal principles on fraud, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that the court below erred in incomplete deliberation or violation of the rules of evidence on the grounds for sentencing constitutes an unreasonable sentencing argument.

However, according to Article 383, Paragraph 4 of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed.

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