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(영문) 대법원 2014.03.13 2014도275
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).

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s conviction of the charge of this case on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience and free evaluation of evidence.

In addition, the part of the appellate brief for Defendant’s submission that “the court below erred by violating the Constitution, laws, orders, and rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment,” is merely stated in such assertion, and did not state specific reasons, it cannot be deemed a legitimate ground for appeal.

Meanwhile, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unreasonable

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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