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(영문) 대법원 2014.01.29 2013도15293
사기
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the evidence adopted by the lower court, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, it did not err by misapprehending facts in violation of logical and empirical rules or by misapprehending the legal principles on fraud, nor by violating the principle of trial-oriented and direct hearing.

Also, among the grounds of appeal, the argument that the lower court did not exhaust all necessary deliberations on the circumstances affecting sentencing constitutes the allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the ground of the above reasons in

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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