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(영문) 대법원 2020.11.13 2020도13166
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Of the case name of the judgment of the court below.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where a more minor sentence was imposed on the defendant, the argument that the court below erred in finding evidence selection and probative value or its factual basis on the ground of misconception of facts and misapprehension of legal principles, or that the court below's punishment is too unreasonable on the basis of factual basis different from the facts acknowledged by the court below, cannot be deemed a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed, and since there is an obvious clerical error in the indication of the case name of the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition

November 13, 2020

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