logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.11.09 2018도12632
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds for appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced, an appeal on the grounds of unfair sentencing is allowed.

Defendant

In this case where a more minor sentence is imposed against A, the argument that punishment is too unreasonable is not a legitimate appeal.

Meanwhile, according to the reasoning of the judgment below, the court below revealed that Defendant A was sentenced to a punishment by applying Article 39(1) of the Criminal Act to each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which judgment has become final and conclusive and each of the crimes of this case which are concurrent crimes after Article 37 of the Criminal Act, and that the argument that the judgment becomes final and conclusive and the sentence of a punishment for each of the crimes of this case

2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed in the first instance judgment and asserted only unfair sentencing on the grounds of appeal.

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

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor sentence is imposed on B, the argument that punishment is too unreasonable is not a legitimate appeal.

3. The court of final appeal may investigate and determine the grounds for the final appeal by Defendant C only to the extent of filing an appeal based on the grounds for final appeal. Therefore, the grounds for final appeal should clearly state the grounds for final appeal and the grounds for specific violations of law in the judgment below.

Therefore, the reason for appeal is specific and explicit.

arrow