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(영문) 대법원 2015.09.15 2015도11483
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where a defendant has requested consolidation of pleadings, whether such consolidation of pleadings belongs to the discretion of the court.

(See Supreme Court Decision 87Do706 delivered on June 23, 1987, etc.). Therefore, even if the court below did not hold a joint hearing with other cases claimed by the defendant, the procedure of the court below is not unlawful.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 more minor sentence has been imposed on the defendant, the court below’s argument that the amount of punishment is unreasonable

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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