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(영문) 대법원 2013.09.26 2013도8583
유가증권변조등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined that the Defendant altered the amount of the Promissory Notes (No. 1) of this case, and rejected the grounds for appeal as to the mistake of facts by the Defendant, and maintained the first instance judgment.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, as alleged in the grounds of 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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