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(영문) 대법원 2018.05.30 2018도4774
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, 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.

In addition, according to the records, Defendant A appealed against the judgment of the court of first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, an appeal may be filed on the ground that the judgment of the court below was affected by grave mistake of facts, only in the case where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in this case where a more minor punishment was imposed on Defendant B, the court below erred by misapprehending the legal principles, making a judgment on the choice of evidence and probative value, or finding facts based on it, or erred by misapprehending the legal principles on the premise of facts different from the facts acknowledged by the court below, or all allegations that point out the misapprehension of legal principles are not legitimate grounds for appeal.

3. 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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