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(영문) 대법원 2018.03.29 2018도339
사기
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

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

In such a case, a new argument to the effect that the lower court’s judgment was omitted in determining the act forced, the violation of the rules of evidence, and the misunderstanding of legal principles is not a legitimate ground for appeal.

On the other hand, two or more cases were prosecuted separately against the same defendant.

On the other hand, there is no violation of law that infringes on the defendant's right of defense in the trial of the court below without conducting a joint trial against another case.

subsection (b) of this section.

In addition, pursuant to Article 383 subparagraph 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 is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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