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(영문) 대법원 2018.10.25 2018도13063
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

When filing an appeal against the judgment of the first instance court, the Defendant asserted only unfair sentencing on the grounds of appeal, and the lower court did not ex officio decide on the matters alleged in the grounds of appeal.

In such a case, the allegation that the lower court erred by mistake of facts, misunderstanding of legal principles, and failure to examine is not a legitimate ground for appeal.

The argument that the lower court’s fault of hearing failure to reflect the recovery of damage to the victim in the determination of sentencing constitutes an unfair argument in sentencing.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against the defendant, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

Examining the record, the lower court did not err by infringing on the right to assistance of counsel, 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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