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(영문) 대법원 2013.09.13 2013도8722
유사수신행위의규제에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission, and there is no error in the misapprehension of legal principles as to double punishment, contrary to what is alleged in the ground of appeal.

In addition, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, the determination of the sentence is unreasonable in this case where

The argument that the decision of the court below contains an error in violation of the sentencing criteria shall not be a legitimate ground for appeal.

In addition, the argument that the previous case was subject to a summary order and that the case was subject to an unfavorable punishment due to lack of an opportunity to consolidate the case cannot be 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.

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