beta
(영문) 대법원 2013.09.12 2013도7415

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the fraud of the victim N among the facts charged of this case. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and free evaluation of evidence or by misapprehending the legal principles on

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only where the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the amount of punishment is unfair

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