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(영문) 대법원 2018.10.04 2018도11770
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements and reference materials for appeal filed after the lapse of the period for submitting the grounds of appeal).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by 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 violation of the rules of evidence, fraud, etc.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In the instant case where a more minor sentence was imposed against the Defendant, the assertion that the lower court erred by misapprehending the legal doctrine on sentencing and by failing to deliberate on the normal data is ultimately an unfair argument in sentencing, and thus, does not constitute a legitimate 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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