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(영문) 대법원 2015.01.15 2014도14969
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 below, the court below was just in finding the Defendant guilty of the fraud of the victim AM among the facts charged in the instant case on the grounds stated in its reasoning, and there was no error of law by failing to exhaust all necessary deliberations and by exceeding the bounds of the principle of free evaluation of evidence by violating the logical and empirical rules, contrary to

On the other hand, the lower court erred by misapprehending the legal principles as to each fraud against the victim Z, L, D, C, F, E, H, I, G, and AJ among the facts charged in the instant case, and failing to exhaust all necessary deliberations.

The argument that the Act on the Facts in Violation of the Resident Registration Act was erroneous is alleged to the effect that the Defendant’s ground for appeal or the lower court’s decision was not subject to a judgment ex officio, and thus, it cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of incomplete deliberation on the grounds for sentencing or violation of the rules of evidence.

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 is unfair

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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