beta
(영문) 대법원 2014.05.29 2014도3609

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have determined that all the facts charged of this case was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending

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 fine is imposed against the defendant, the argument that the amount of punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.