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(영문) 대법원 2019.07.10 2019도4990
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, convicted the Defendant of the charges.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of defraudation.

In addition, even if examining the records in light of the records, the court below did not err by infringing the defendant's right of defense, as alleged in the grounds of appeal.

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

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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