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(영문) 대법원 2013.05.24 2013도3737

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning, and there is no error of law by misunderstanding facts against logical and empirical rules or by misapprehending the relevant legal principles, without failing to exhaust all necessary deliberations, as

In addition, the argument that the sentencing of the court below is unlawful by infringing on the principle of balanced punishment or the principle of responsibility is ultimately an allegation of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the above argument in this case where a more minor sentence is imposed on

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