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(영문) 대법원 2013.08.23 2013도6664
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, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, there were no errors in violation of logical and empirical rules and free evaluation

Meanwhile, in the grounds of appeal, the argument that there was an error of facts as to the sentencing conditions or an infringement of the right to equality by significantly losing balance between the sentencing of the defendant and other cases is ultimately an assertion of unfair sentencing. However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of

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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