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(영문) 대법원 2014.01.29 2013도13980
사기
Text

All appeals are dismissed.

Reasons

1. Examining the grounds of appeal by Defendant A and C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that the Defendants were guilty of the facts charged in this case on the grounds stated in its reasoning, and there is no violation of the law of logic and experience and the principle of free evaluation of evidence.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the above Defendants were sentenced to a minor sentence, the argument that the sentence is too unreasonable cannot be a legitimate ground

2. As to Defendant B’s appeal, the above Defendant did not submit the appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

(3) The appeal against the above defendant shall be dismissed by a decision under Article 380 of the Criminal Procedure Act. However, the appeal shall be dismissed by a judgment en bloc with the defendant A and C. Therefore, all appeals shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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