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(영문) 대법원 2016.03.24 2016도842
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err in its judgment that rejected the grounds for appeal claiming mental and physical weakness, as otherwise alleged in the grounds of appeal.

In addition, examining the grounds of appeal by the Defendant in light of the reasoning of the lower judgment regarding the grounds of appeal by misunderstanding the legal principles on the method of sentencing review and determination on the basis of the principle of balanced sentencing, the allegation in the grounds of appeal is nothing more than the purport of substantially disputing the sentencing of the lower court. According to Article 383 Subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is allowed for the reason of unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable, including the above argument,

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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