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(영문) 대법원 2014.02.13 2013도14209
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence adopted by the lower court, it is justifiable for the lower court to have convicted each of the charges of this case on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts contrary to logical and empirical rules or by misapprehending the legal principles on fraud.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a sentence of death, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in the instant case where a more minor sentence was imposed against the Defendant, the grounds leading to unfair sentencing, including failure to exhaust all necessary deliberations or finding erroneous facts, do not constitute legitimate grounds for appeal.

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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