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(영문) 대법원 2014.07.24 2014도7638
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Since a consolidation of pleadings belongs to the court's discretion, it cannot be deemed unlawful on the ground that the court below did not combine pleadings as alleged in the grounds of appeal.

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is permitted only when the court below rendered a death penalty, an indefinite term, or an imprisonment with or without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the amount of punishment is unfair

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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