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(영문) 대법원 2015.04.09 2015도2688
약사법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendants appealed against the judgment of the court of first instance, and asserted a mistake of facts or a misapprehension of legal principles as the grounds for appeal along with unfair sentencing, but withdrawn the grounds for appeal concerning mistake of facts or misapprehension of legal principles on the date of the first trial

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

In addition, Defendant A’s assertion to the effect that the judgment of the court below violated the principle of equality in the determination of sentencing is ultimately an allegation of unfair sentencing. According to Article 383 subparag. 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. As such, Defendant A’s assertion to the effect that the sentencing of the sentence is unfair

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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