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(영문) 대법원 2019.08.30 2019도8033
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Based on its stated reasoning, the lower court found the Defendant guilty of the instant facts charged (excluding exemption from punishment, dismissal of prosecution, and exemption from punishment).

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the act of receiving similar goods, the establishment of a crime of violating the Financial Investment Services and Capital Markets Act, and the principle of liability, or by omitting

The argument that the lower court erred by failing to exhaust all necessary deliberations on sentencing and by violating legal principles constitutes an allegation of unfair sentencing.

However, according to Article 383 subparagraph 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, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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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