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(영문) 대법원 2015.02.26 2015도77
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In the case of failure to pay a fine, if the court orders the detention in a workhouse, the amount of fine per day per detention shall be set and the period of detention shall be set at the discretion of the court within the limit of Article 69(2) of the Criminal Act.

(see, e.g., Supreme Court Decision 70Do1813, Nov. 24, 1970). Measures by the court below to maintain the judgment of the court of first instance that set the period of custody for the defendant within the scope of Article 69(2) of the Criminal Act are justifiable, and there is no error of law as alleged in the grounds of appeal

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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