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(영문) 대법원 2013.10.31 2013도7090
유사수신행위의규제에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the judgment of the first instance that acquitted the instant facts charged, and sentenced the sentence to the judgment.

The ground of appeal disputing the judgment of the court below is merely an error of fact-finding by the court of fact-finding in accordance with the principle of free evaluation of evidence. Even if the grounds of appeal are examined in light of the evidence duly admitted, the court below did not err by exceeding the limit of free evaluation of evidence and affecting

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not legitimate

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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