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(영문) 대법원 2018.09.28 2018도11990
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below is erroneous shall not be a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

On the other hand, whether to postpone the date of sentence or to resume closed pleadings are matters belonging to the court's discretion.

Therefore, even if the court below rejected a motion for the extension of the date or the motion for resumption of pleadings after the closure of pleadings, and made the motion, it did not err in the court below’s litigation procedure as alleged in the grounds of 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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