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(영문) 대법원 2013.03.14 2013도91
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant D and G in light of the evidence duly admitted by the lower court and the first instance court maintained by the lower court, the lower court was justifiable to have found Defendant D and G guilty of the facts charged of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules and by exceeding the bounds of

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds of appeal by Defendant J, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. As such, in this case where Defendant J rendered a minor sentence against Defendant J, the argument that the amount of punishment is unreasonable is not legitimate

3. As to Defendant M’s appeal, Defendant M did not submit an appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

(4) The appeal shall be dismissed by a decision under Article 380 of the Criminal Procedure Act against the defendant. However, the appeal shall be dismissed by a decision en bloc with other defendants. Therefore, all appeals shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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