logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.11.27 2014도12582
사기
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).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds stated in its reasoning.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the judgment below erred by misapprehending the legal principles on the examination of sentencing and the method of determining sentencing by deviating from the inherent limits of sentencing discretion is ultimately an assertion of unfair sentencing.

According to 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 sentencing of the

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

arrow