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(영문) 대법원 2013.06.13 2013도4192
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court which tried against latter concurrent crimes of Article 37 of the Criminal Act can determine the punishment of latter concurrent crimes within the scope of punishment of latter concurrent crimes of Article 37 of the Criminal Act by taking account of equity in the case where a judgment becomes final and conclusive and the case where a latter concurrent crimes are adjudicated simultaneously. Whether to reduce or exempt the punishment of latter concurrent crimes of Article 37 of the Criminal Act can be determined at the discretion of the court which tried against the relevant crime in principle.

(2) The court below’s determination of punishment within the scope of the punishment for latter concurrent crimes in consideration of equity and cases where a judgment is rendered with respect to the instant crime of fraud, which is in the relationship of latter concurrent crimes under Article 37 of the Criminal Act, concurrently with the crime for which judgment becomes final and conclusive. The court below’s determination of punishment within the scope of the punishment for latter concurrent crimes is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of relevant legal principles, contrary to what is alleged in the grounds of appeal.

In addition, 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

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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