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(영문) 대법원 2019.10.29 2019도11973
사기등
Text

The appeal is dismissed.

The case name of the judgment of the court below shall be deleted, and the name of the crime against the defendant shall be deleted.

Reasons

We examine the grounds of appeal.

The argument that the judgment of the court below contains an error of law by misunderstanding the legal principles on sentencing and significantly deviating from the limit of sentencing discretion is ultimately an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

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

Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the indication of the case name and the name of the crime against the defendant among the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per

October 29, 2019

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