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(영문) 대법원 2017.07.11 2017도5983
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of fraudulent acts, such as fraud and computer, among the facts charged in the instant case, and it did not err by misapprehending the legal principles on joint principal offenders as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below contains an error of law as to the examination of sentencing and the method of judgment of sentencing by infringing on the essential contents of the principle of balance or the principle of responsibility.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair is not a legitimate ground 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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