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(영문) 대법원 2017.08.29 2017도9915
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for DefendantO’s appeal, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced, an appeal is allowed for the wrongful grounds for sentencing. As such, in the instant case where a more minor sentence has been pronounced against DefendantO, the allegation that the amount of punishment imposed is unreasonable is not a legitimate ground for

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable that the lower court aggravated repeated crimes against the victim AG among the charges against Defendant W.

In so doing, the lower court did not err by misapprehending the legal doctrine on the aggravation of repeated crimes, as alleged in the grounds of appeal.

Meanwhile, Defendant C’s assertion that there was no conspiracy to commit the fraud by Defendant C is the ground for appeal, or that there was no possibility that the lower court did not make it the subject of judgment ex officio, and it is not a legitimate ground for appeal.

In addition, the argument that the lower court erred by exceeding the limit of sentencing discretion is ultimately an unfair argument in sentencing.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant W was sentenced to minor punishment, the argument that the amount of punishment is unfair cannot be a legitimate ground for appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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