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(영문) 대법원 2016.08.17 2016도7854
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the crime of deception and deception in fraud, or by misapprehending the rules of logic and experience and exceeding the limits of free evaluation of evidence, or by misapprehending the legal principles as to the crime of

In addition, the argument that the lower court’s determination of sentencing erred by infringing on the principle of balance of punishment and the essential contents of the principle of accountability constitutes an unfair argument in sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

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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