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(영문) 대법원 2013.04.11 2013도1956

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment against Defendant A in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, 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 and exceeding the bounds of logical and empirical rules

2. According to the records as to Defendant B, while appealed against the judgment of the first instance, the Defendant asserted a mistake of facts, along with the grounds for appeal, as well as the grounds for appeal, but only withdrawn the assertion of mistake of facts and left the assertion of unreasonable sentencing. In such a case, the allegation that the judgment of the court below erred in mistake of facts is not a legitimate ground for appeal.

In addition, 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 not less 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 sentencing of the

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