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(영문) 대법원 2014.12.24 2014도13733
사기등
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).

The judgment below

In light of the records, the court below's rejection of the defendant's assertion that the defendant violated the principle of prohibition of double punishment or the principle of prohibition against double punishment on the ground of its stated reasoning, and there is no error of law by misunderstanding the legal principles

In addition, in light of the records, it cannot be viewed that the defendant's right to defense was infringed due to the infringement of the right to inspect and copy the trial records of the court of first instance

Meanwhile, the argument that the judgment of the court below contains an error of omission of judgment on the grounds favorable to the defendant is the allegation of unfair 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in the case where a more minor sentence has been imposed on the defendant, the argument

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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