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(영문) 대법원 2015.07.23 2015도6050
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendant appealed against the judgment of the first instance, and asserted mistake of facts, etc. as well as unfair sentencing as the grounds for appeal, but at the third trial of the lower court, withdraws the grounds for appeal other than unfair sentencing.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground of appeal.

The argument that the lower court erred by misapprehending the legal doctrine that infringes on the principle of balanced criminal punishment or the principle of accountability is ultimately an allegation of unreasonable sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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