logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.01.16 2013도13955
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant asserted a mistake of facts as to the crime of false entry in the original of the authentic deed of this case and the crime of uttering of the original of the authentic deed of this case as the grounds for appeal, and did not clearly withdraw his claim on it on the first day of the original trial of the court below. However, the court below held the defendant's grounds for appeal only as the grounds for appeal, and did not render a decision

However, according to the evidence duly adopted by the court of first instance, among the facts charged in the instant case, the court below found the defendant guilty of false entry of the original notarial deed and the exercise of the original notarial deed. Thus, the above omission of judgment did not affect the conclusion of the judgment.

Meanwhile, the argument that the lower court erred in incomplete deliberation on sentencing is the argument of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where the lower court rendered a more minor sentence against the Defendant, the argument that the amount of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow