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(영문) 대법원 2019.01.04 2018도18418
사기
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment due to a misunderstanding of a serious fact or that the determination

Therefore, in this case where a more minor sentence was rendered to the defendant, the court below erred in the misapprehension of legal principles, and the court below's decision on the selection of evidence and probative value or the fact-finding based on it, or the argument that points out the misapprehension of legal principles on the premise of facts different from the facts acknowledged by the court below is not a legitimate ground for appeal, and the argument that the sentencing is unfair is not

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.

January 4, 2019

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