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(영문) 대법원 2016.01.28 2015도19029
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that there was an error of exceeding the limit of sentencing discretion or abusing it in the judgment of sentencing is ultimately an unfair argument for sentencing. According to Article 383 Subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal is permitted for the reason of unfair sentencing. Thus, the argument that the amount of punishment is unfair in the instant case where a more minor sentence has been imposed against the Defendant cannot be a legitimate 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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