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(영문) 대법원 2015.07.23 2015도7836
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the fraud of victims Y, B, N, and AM among the facts charged in the instant case on the grounds as stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending

Meanwhile, according to the records, the defendant appealed against the judgment of the first instance, and asserted only mistake of facts as to the fraud of the victim Y, B, N, and AM, along with the grounds for appeal.

In such a case, the lower court erred by misapprehending the facts as to the fraud of the victim O, D, and F.

Any assertion that the first instance court’s procedure for service by public notice is unlawful shall not be a legitimate ground for 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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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