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(영문) 대법원 2018.06.28 2018도5501
대부업등의등록및금융이용자보호에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have aggravated repeated crimes on the registration of loan business, etc. related to unregistered loan business and violation of the Act on the Protection of Financial Users.

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.

In addition, the argument that the judgment below erred in violation of the principle of balance of punishment or the principle of responsibility due to misconception of facts, misunderstanding of legal principles, hearing failure, etc. on the basis of sentencing constitutes an unfair argument of sentencing.

According to Article 383 (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 is imposed, an appeal shall be allowed 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 is not 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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