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(영문) 대법원 2013.09.12 2013도703
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to find guilty of fraud among the facts charged in this case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not exhaust all necessary deliberations or erred by misapprehending the law of logic and experience and exceeding the bounds of the free evaluation of evidence or by misapprehending the legal principles on

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, imprisonment with prison labor for life or for not less than ten years or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the punishment

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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