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(영문) 대법원 2018.10.12 2018도12173
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the principal offender, the criminal intent of defraudation, and the criminal relation.

The argument that the lower court’s determination of sentencing contains an error of violating the principle of proportionality and the principle of equality under the Constitution by abusing and abusing discretion on the violation of the principle of trial on evidence and the principle of sentencing is ultimately unfair.

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

In this case where a more minor sentence is imposed against 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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