logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.07.25 2019도7244
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, among the facts charged in the instant case, accepted the prosecutor’s application for modification of the indictment on the part concerning the fraud listed in the No. 1 through No. 7 of the attached Table No. 1 to the victim I,

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on changes in indictment.

In addition, the argument that the lower court’s determination of sentencing erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of accountability is ultimately 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

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.

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

arrow