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(영문) 대법원 2015.07.23 2015도7715

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning based on evidence, the lower court did not err by misapprehending the facts contrary to logical and empirical rules, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below was erroneous in incomplete deliberation is the argument of unfair sentencing.

However, 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 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 is not

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