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(영문) 대법원 2017.11.23 2017도15381
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the defendant, who was indicted and pending in trial, may be tried concurrently with other cases, is not a legitimate ground for appeal.

In addition, the argument that the lower court’s determination of sentencing contains an error of law by misapprehending the legal principles beyond the inherent limits of the discretion of sentencing, violating the rules of evidence, or misunderstanding facts, contrary to the principle of balance of punishment or the principle of accountability, constitutes an unfair argument in sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a more minor sentence is imposed against the Defendant, the argument that the amount of the punishment is unfair, including the foregoing argument, cannot be a legitimate ground for

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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