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(영문) 대법원 2014.08.20 2014도7757
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the victim E guilty of fraud among the facts charged in this case for the reasons stated in its reasoning, and there was no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the judgment of the court below erred in violation of Article 51 of the Criminal Act by failing to examine the grounds for sentencing, is ultimately an assertion of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the amount of the punishment is 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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