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(영문) 대법원 2017.01.25 2016도20424
사기
Text

The appeal is dismissed.

Of the judgment of the court of first instance, the judgment of the court below is rendered on July 21, 2016.

Reasons

The grounds for appeal are examined.

The argument that the judgment of the court below contains an omission of judgment on the sentencing conditions is ultimately an unfair argument in sentencing.

In this regard, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced. Thus, the argument that the Defendant’s minor punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since it is evident that there is an error in the judgment of the court of first instance in the judgment of the court below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of

January 25, 2017

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