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(영문) 대법원 2014.06.12 2014도3209

컴퓨터등사용사기등

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 the court below found the Defendant guilty of violating the Electronic Financial Transactions Act among the facts charged in the instant case 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 law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not

In addition, the argument that there is an error of law by misunderstanding the legal principles concerning joint principal offense in computer use fraud, etc. is not a legitimate ground for appeal since the defendant's ground for appeal is alleged as the ground for appeal or the court below did not consider it as a subject of judgment ex officio.

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