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(영문) 대법원 2016.04.28 2015도12897
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only a case on which 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 ground that the judgment of the court below affected the conclusion of the judgment, or that there was a substantial reason to recognize the amount of the punishment significantly unfair. Thus, in the instant case where a more minor sentence has been imposed against the Defendant, without any specific assertion on the grounds of violation of Acts and subordinate statutes, etc. of the court below’s judgment, the mere assertion of facts alone or the assertion of misunderstanding of

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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