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(영문) 대법원 2015.11.12 2015도13363
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court concurrently imposed a fine on the Defendant by applying Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129 of

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and on the agenda of public officials.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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