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(영문) 대법원 2013.12.26 2013도12956
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the court below violated the principle of balance of crime and the principle of responsibility in sentencing against the defendant is ultimately an argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the grounds

Furthermore, even if examining the reasoning of the lower judgment in light of the relevant legal principles and records, the reasons listed by the lower court on the grounds of sentencing can be deemed as falling under the character and conduct of the offender, relationship with the victim, motive and means of the crime and the circumstances after the crime, among those listed in Article 51 of the Criminal Act, and thus, the lower court’s judgment, which considered the above reasons, cannot be deemed to have violated the principle of balanced criminal punishment

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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