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(영문) 대법원 2018.02.13 2017도20368
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the 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, misunderstanding the facts, or that the investigation procedure is unlawful is not a legitimate ground for appeal.

In addition, the argument that the court below erred by misapprehending the legal principles on the trial of sentencing and the method of sentencing determination at the court of fact-finding is ultimately an unfair argument of 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the allegation that the amount of the punishment is unfair does not constitute legitimate grounds for

In addition, even if examining the record, the court below did not err by infringing on the defendant's right of defense in the trial procedure.

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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