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(영문) 대법원 2013.10.24 2013도9859

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the evidence duly admitted by the court of first instance, it is just to maintain the judgment of the court of first instance which found the defendant guilty of the facts charged of this case. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of misconception of facts or

Meanwhile, the argument that the judgment of the court below erred in infringing on the essential contents of the principle of balance of crime or the principle of responsibility regarding sentencing is the argument of unfair sentencing. However, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case 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 is allowed. Thus, in the case where a more minor sentence was imposed on the defendant, the argument that

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