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(영문) 대법원 2018.03.15 2017도20475
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court is justifiable to have found the Defendant guilty of all fraudulent acts among the modified facts charged in the instant case. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by violating the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds

In addition, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balance of crime or the principle of responsibility and by misunderstanding the legal principles on sentencing is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair 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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