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(영문) 대법원 2018.09.13 2018도10799
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in the attached Table 12, 12, 13, and 16 of the List of Crimes in the instant facts charged, did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

In addition, according to 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 is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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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