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(영문) 대법원 2014.01.29 2013도14382
강제집행면탈등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence of the first instance court’s adoption maintained by the lower court, it is justifiable to have found the lower court guilty of fraud among the facts charged in the instant case on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of the principle of free evaluation of evidence.

Meanwhile, among the grounds of appeal, the argument that the lower court did not exhaust all necessary deliberations on the circumstances subject to sentencing constitutes an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a death penalty, an indefinite term, or an imprisonment with or without labor for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on

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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