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(영문) 대법원 2018.09.13 2018도11413
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant argued that there was a misunderstanding of facts, misunderstanding of legal principles as well as unfair sentencing on the grounds of appeal, but at the second trial date of the court below, the defendant withdrawn the remaining grounds for appeal except unfair sentencing.

In such a case, the argument that the lower court erred by mistake of facts, misunderstanding of legal principles, etc. is not a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to seven years of imprisonment, cannot be deemed extremely unfair, even in light of the circumstances alleged in the grounds for appeal

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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