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(영문) 대법원 2019.03.28 2019도1063

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine regarding deception, or by omitting judgment.

The assertion that the lower court erred by essentially infringing the principle of balance of crimes or the principle of responsibility and by misapprehending the legal doctrine on sentencing constitutes an allegation of unfair sentencing.

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 may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor sentence, the argument that the punishment 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.