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(영문) 대법원 2017.07.18 2017도7259

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of all fraudulent acts against the victim M& and the victim BI among the facts charged in this case on the grounds as stated in its reasoning, and there was no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on amendments

Meanwhile, the argument that there was no crime committed in collusion with the co-defendant B of the court below is not a legitimate ground for appeal, since the defendant asserts that there was no ground for appeal, or that there was no ground for appeal to be judged ex officio by the court below.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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