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(영문) 대법원 2016.10.13 2016도12366

상습사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all charges of this case (excluding the part on the revocation of prosecution) are guilty on the grounds stated in its reasoning is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on fraud.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds of its stated reasoning, and contrary to what is alleged in the grounds of appeal

Meanwhile, under 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 not less 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 punishment

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