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(영문) 대법원 2018.08.01 2018도9682
컴퓨터등사용사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below erred by misapprehending the legal principles of Article 51 of the Criminal Act concerning the conditions of sentencing is ultimately an unfair argument for sentencing.

Accordingly, under Article 383 subparagraph 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 has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

In addition, according to the records, the first instance court and each of the first instance courts are aware that the defendant and the defense counsel had an opportunity to make a final statement of opinion, so there is an error of not being given an opportunity to make a final statement in the original trial and the first instance trial.

subsection (b) of this section.

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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