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(영문) 대법원 2015.07.09 2015도6678

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The selection of evidence and fact-finding belong to the exclusive authority of a fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

On the grounds indicated in its reasoning, the lower court found the Defendant guilty of fraud and injury related to vehicle delivery charge against the victimO among the facts charged in the instant case. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine, contrary to what is alleged in

In addition, pursuant 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 more 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 defendant’s punishment is too unreasonable

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