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(영문) 대법원 2016.01.28 2015도18699
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of the violation of the Act on the Protection of Defense among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the relevant legal principles.

On the other hand, the argument that there was an error of misunderstanding of the facts or misunderstanding of the legal principles as to fraud among the judgment below is not a legitimate ground for appeal, and it is not a legitimate ground for appeal, as it is asserted only by the defendant as the ground for appeal or the court below

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

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair shall not be 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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