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(영문) 대법원 2016.07.29 2016도7083

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In view of evidence, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by misapprehending the rules of logic and experience in finding facts contrary to the rules of logic and experience.

In addition, the argument that the judgment of the court below contains an error of mistake or lack of trial as to factual relations, which serve as the basis of sentencing judgment, is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unfair is not a legitimate

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