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(영문) 대법원 2013.07.11 2013도5499

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in finding the Defendant guilty of the facts charged (excluding the first instance court and the part not guilty of the court below) on the grounds set forth in its reasoning, and there was no error of law by failing to exhaust all necessary deliberations or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence.

In addition, under 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 not less than ten years has been imposed, a final 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 assertion of unfair sentencing on the purport that the examination of facts on which the sentencing is conditional or that the examination on the facts has not been made cannot be a legitimate ground of appeal.

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