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(영문) 대법원 2015.01.15 2014도15085
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged mistake of facts and unfair sentencing in the statement of grounds for appeal, and the defendant did not state the above grounds for appeal on the first day of the trial of the court below and not clearly withdraw the above assertion of mistake of facts. The court below held that the defendant's grounds for appeal only deemed the defendant's grounds for appeal as the grounds for unfair sentencing and dismissed the defendant's appeal

However, in full view of the evidence duly adopted and examined by the lower court and the first instance court, all of the facts charged in the instant case can be found guilty, and such omission of judgment by the lower court does not affect the conclusion of the judgment.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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