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(영문) 대법원 2018.11.15 2018도11525
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to have upheld the first instance judgment that found all of the facts charged in the instant case guilty on the grounds indicated in its reasoning.

In addition, there is no violation of law by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the public performance or dissemination possibility, admissibility of evidence, etc. in the crime of deception and deception in fraud

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unfair, only for cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the sentencing of the court below 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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