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(영문) 대법원 2014.06.26 2014도4754

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just to have convicted all of the frauds in the facts charged of this case on the grounds as stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence by violating logical and empirical rules and violating the rules of evidence

In addition, the argument that the court below violated the basic contents of the principle of balanced criminal punishment or the principle of responsibility by deviating from the inherent limits of discretion on sentencing in examining and determining the sentencing is ultimately an 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 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 punishment

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