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(영문) 대법원 2020.02.06 2019도17137

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by exceeding the bounds of the principle of free evaluation of evidence.

In addition, the argument that the judgment of the court below contains an error of incomplete deliberation on the basic facts of sentencing, mistake of facts, or deviation from inherent limits of sentencing is ultimately an allegation of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed. Thus, the argument that the amount of the punishment is unfair is not legitimate grounds for appeal

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