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(영문) 대법원 2016.06.28 2016도5682
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 argued only unfair sentencing on the grounds of appeal.

In such cases, the argument that the judgment of the court below contains an error of misunderstanding the facts concerning the criminal intent of fraud, and the argument that the first deliberation procedure is unlawful is not a legitimate ground for appeal.

B. In addition, even if we look at, there is no error as alleged above.

In addition, since the issue of consolidation of pleadings belongs to the court's discretion, it cannot be said that the court below erred on the ground that the court did not combine the arguments with other cases against the defendant.

Meanwhile, according to 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 not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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