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(영문) 대법원 2013.06.14 2013도3753
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged in this case for the reasons stated in its holding, and contrary to what is alleged in the grounds of appeal, the court below did not err by violating logical and empirical rules

The argument that there is an error in the misapprehension of legal principles as to the examination of sentencing and the method of judgment of sentencing is ultimately an assertion of unfair sentencing. Accordingly, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in a case where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the sentencing of

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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