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(영문) 대법원 2013.03.14 2012도15751
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to Defendant G’s grounds of appeal, Defendant G, while appealed to the judgment of the first instance court, claimed a mistake of facts with the grounds of appeal, but only withdrawn the assertion of mistake of facts on the second trial date of the lower court and left the assertion of unfair sentencing. In such a case, the allegation that the lower court erred by misapprehending the legal principles is not a legitimate ground of appeal.

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the determination of the sentence is unreasonable in this case where a

The assertion that there is an error in the misapprehension of legal principles as to sentencing does not constitute a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment as to Defendant I’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, we accept the lower court’s determination that the relevant part of the facts charged against Defendant I was recognized on the grounds as stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules

Of the facts charged in the instant case, Defendant I did not engage in deception as stated in the facts charged as to the fraud and attempted fraud by Defendant I’s sole criminal conduct or joint criminal conduct with J.

The assertion that there was no intention to commit fraud or to commit a crime is not a legitimate ground for appeal, which is alleged in the ground for appeal by Defendant I as the ground for appeal or by the court below as the subject of judgment ex officio.

Meanwhile, Defendant I appealed to the remainder of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal.

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