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(영문) 대법원 2016.04.28 2016도3270
사기
Text

The appeal is dismissed.

Reasons

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

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of the fraud of the victim I among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the withdrawal of reasons for appeal, without exhausting all necessary deliberations.

In addition, the number of self-denunciation under Article 52 (1) of the Criminal Code is merely a reason for voluntary mitigation of punishment, and even if the defendant voluntarily surrenders to the police, it cannot be deemed unlawful that the court below did not state the reason therefor.

of this case, there is an error of omission of judgment

shall not be deemed to exist.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

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