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(영문) 대법원 2016.08.17 2016도8677

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged of the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on fraud.

In addition, the argument that the judgment of the court below violated Article 51 of the Criminal Act due to the lack of deliberation on the grounds for sentencing is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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

참조조문