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(영문) 대법원 2018.07.12 2018도7216
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court did not err by infringing the Defendant’s right to make a statement in the trial proceedings, as alleged in the grounds of appeal.

In addition, according to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

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

Meanwhile, the argument that the lower court’s determination of sentencing erred by exceeding the bounds of the principle of balance of crimes, the principle of responsibility, and the principle of equality is an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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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