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(영문) 대법원 2013.04.11 2012도16142
사기
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).

In light of the evidence adopted by the court of first instance maintained by the court below, the court below's finding the defendant guilty of the facts charged in this case for its reasons as stated in its reasoning is acceptable, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to Article 307 of the Criminal Procedure Act as to the trial of evidence or by misapprehending the legal principles

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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