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(영문) 대법원 2018.04.10 2018도2176
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of all frauds against victims S, V, andO among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on

In addition, the argument that there is a mistake in the fact about the basic facts of the sentencing, the lack of deliberation on the circumstances that are conditions of the sentencing, and the deviation from the inherent limits of the sentencing is ultimately an unfair argument of the sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

In addition, the argument that the sentencing date of the judgment should be delayed until the result of a complaint by perjury is reached is not a legitimate appeal as provided in Article 383 of the Criminal Procedure Act.

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

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