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(영문) 대법원 2017.06.29 2017도1654
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the relevant legal principles and evidence, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, which found the Defendant guilty of the instant facts charged on the grounds of its stated reasoning, and did not err by misapprehending the bounds of free conviction doctrine by violating logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of defraudation in fraud.

In addition, 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 is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is unfair because it is too unreasonable 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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