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(영문) 대법원 2019.10.17 2019도10651
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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

In such a case, the argument that the trial procedure in the first instance is erroneous is not a legitimate ground for appeal.

In addition, even if examining the record, the lower court did not err by misapprehending the legal doctrine on the renewal of the period of detention, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that the lower court’s sentencing data favorable to the Defendant is erroneous, such as insufficient deliberation, mistake of facts, etc. constitutes the allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for 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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