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(영문) 대법원 2015.08.19 2015도8316
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Even if examining the reasoning in light of the evidence, the lower judgment ordering the Defendant to additionally collect KRW 75 million, did not err by misapprehending the facts in violation of logical and empirical rules or by misapprehending the legal doctrine on additional collection, contrary to what is alleged in the grounds of appeal.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts and misapprehension of legal principles as the grounds for appeal along with unreasonable sentencing, but withdrawn the allegation of mistake of facts and misapprehension of legal principles on the fourth trial of the

In such a case, the argument that the lower court erred by mistake and misapprehension of legal principles cannot be a legitimate ground of appeal.

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison 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 argument that the sentencing of the punishment

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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