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(영문) 대법원 2013.09.27 2013도8986

사기등

Text

All appeals are dismissed.

The judgment below

5. Judgment of the lower court

2. Daejeon District Court 2012 High Court Order 1728, 1916, 1936, 2119.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant G’s grounds of appeal, 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 has been imposed. Thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of

2. As to Defendant L’s ground of appeal

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of the charge of the instant case (excluding the part on which the Defendant was acquitted in the original trial) on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

B. The Defendant voluntarily surrendered

Even if self-denunciation is a mere fact that the court can voluntarily reduce or exempt the punishment for the self-denunciation, and the court below did not reduce the self-denunciation.

or failure to make a judgment on this issue.

No error can be said to be a mistake.

In addition, the argument that the court below did not consider self-denunciation as a condition for sentencing is ultimately an assertion of unfair sentencing. According to Article 383 subparag. 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, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where the court rendered a minor sentence against the defendant, the argument that the sentencing of the sentence

3. Therefore, all appeals are dismissed. Since it is apparent that there are some errors in the judgment of the court below, it is decided to correct them pursuant to Article 25 of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.