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(영문) 대법원 2019.07.24 2019도6906
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance court, and Defendant A asserted only unfair sentencing as the grounds of appeal.

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

The argument that the judgment of the court below contains an error of law in the determination of the punishment due to a violation of the rules of evidence, or a mistake of facts, constitutes an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

In addition, even if the record is examined, there is no error in the court of first instance or the judgment of the court of original instance that infringes on the defendant's right to defense, as alleged in the

2. As to the grounds of appeal by Defendant B, the argument that the lower court erred in incomplete deliberation on basic facts for sentencing constitutes the allegation of unfair sentencing.

However, as seen above, 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 on the grounds of unfair sentencing is allowed.

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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