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(영문) 대법원 2013.05.09 2013도2957
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against each of the first instance judgment, and asserted a mistake of facts on the grounds of unfair sentencing along with the grounds of appeal, but withdrawn the allegation of mistake on the fifth trial of the lower court.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

Furthermore, even after ex officio examination of the judgment of the court below does not seem to have any illegality that may affect the judgment, as alleged by the defendant and public defender.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, 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

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

Furthermore, even after examining the record, there is no illegality such as the infringement of the defendant's procedural right in the trial proceedings of this case, as alleged by the defendant.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant F’s ground of appeal, the lower court is justifiable to have found the Defendant guilty of the facts charged in the instant case on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by violating logical and empirical rules

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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