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(영문) 대법원 2018.04.10 2018도168
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of a part of the charge against the victim H among the facts charged against the above Defendant.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on ex post facto action, etc., contrary to what is alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

Therefore, in this case where the above defendant was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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