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(영문) 대법원 2013.10.11 2013도9608
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charge of this case was guilty on the ground as stated in its reasoning is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on fraud or failing to exhaust all necessary deliberations, or failing to exhaust all necessary deliberations.

In addition, the argument in the grounds of appeal that the public defender was not properly assisted in the trial proceedings of the court below is not acceptable in light of the contents and degree of the defense activities conducted by the public defender in the court below as shown in the record

Meanwhile, the argument that the court below erred in the incomplete hearing as to the error of law under Article 16 of the Criminal Act is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground of appeal or that the court below did not consider it as the subject of judgment ex officio, and even if examining records,

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 amount of punishment is unreasonable

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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