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(영문) 대법원 2019.03.14 2019도58

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have convicted of the instant facts charged on the grounds stated in its reasoning.

In doing so, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules and thereby affecting the conclusion of the judgment.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

The Defendant stated in the sign of the appellate brief that “the lower court violated the Constitution, laws, orders, and rules, or erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment,” and did not state specific grounds therefor, it cannot be deemed 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.