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(영문) 대법원 2013.05.09 2013도3508
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record as to the assertion on the damage to property, the defendant asserted a mistake of facts as to the damage to property among the facts charged in the instant case, along with an unreasonable sentencing in the statement of grounds for appeal, and the defendant did not clearly withdraw the above assertion of mistake in the process of trial at the court below. The court below can find that the defendant's grounds for appeal merely deemed the defendant's grounds for appeal to be unfair sentencing and dismissed the defendant's

However, according to the evidence duly admitted by the court of first instance, it is found guilty of the damage and damage to property among the facts charged in this case, so the judgment of the court of first instance does not contain any error of mistake of facts as alleged in the grounds of appeal.

Ultimately, the judgment of the court below does not affect the conclusion of the judgment by misapprehending the legal principles as to the withdrawal of grounds for appeal or omitting judgment.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the assertion of unfair sentencing, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in the instant case where the Defendant rendered a minor sentence against the Defendant, the argument that the sentencing

3. The final appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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