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(영문) 대법원 2014.01.23 2013도13585

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the above judgment of the court below did not contain any inappropriate points in its reasoning regarding the defendant's statement at the police station, but is therefore acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal principles regarding fraud, or by violating the principle of evidence judgment, court-oriented

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to sentencing constitutes the 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 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

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