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(영문) 대법원 2014.10.30 2014도11430

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court’s determination that all of the facts charged in this case was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, imprisonment with prison labor for life or for not less than ten years or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the punishment

Any other ground for appeal shall not constitute a legitimate ground for appeal prescribed in Article 383 of the Criminal Procedure Act.

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