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(영문) 대법원 2018.11.09 2018도12910
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and the evidence duly admitted, the lower judgment convicting the Defendant of the instant facts charged on the grounds stated in its reasoning did not err by exceeding the bounds of the principle of free evaluation by violating logical and empirical rules, or by misapprehending the legal doctrine on fraud, contrary to what is alleged in the grounds of appeal.

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is 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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