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(영문) 대법원 2019.08.09 2019도7588
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 court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the defendant was in a state of mental disorder at the time of each crime of this case cannot be a legitimate ground for appeal.

In addition, the argument that the lower court’s determination of sentencing contains an error of law in deviation from the limits of the principle of free evaluation of evidence, constitutes an argument 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

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

Meanwhile, according to the records, the court below cannot be deemed to have violated the defendant's right of defense.

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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