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(영문) 대법원 2013.09.26 2013도3683
사기미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, the court below’s finding the Defendant guilty of the facts charged in this case on the grounds as stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors by recognizing facts in violation of logical and empirical rules or by misapprehending the legal principles as to the renewal of trial proceedings or the adoption of evidence.

Meanwhile, under Article 383 subparag. 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 penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable.

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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