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(영문) 대법원 2014.08.28 2014도8533
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal (to the extent of supplement in case of any statement in the written statement submitted after the deadline for submitting the grounds of appeal), the lower court, on the grounds stated in its reasoning, determined that both the instant facts charged against the Defendant are recognized, and rejected the allegation of grounds of appeal for misconception of facts that

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection of evidence and its probative value, which belongs to the free judgment of the fact-finding court, or finding facts based on such judgment. In light of the evidence duly admitted, the court below did not err by misapprehending the relevant legal principles, such as deception, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant D’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. Thus, in this case where the above Defendant was sentenced to a minor sentence, the argument that the amount of punishment is unreasonable

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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