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(영문) 대법원 2017.10.26 2017도13276
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty on May 9, 201 among the facts charged in the instant case on the grounds 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 the relevant legal principles, as alleged in the grounds of appeal.

In addition, the argument that the court below erred in the misapprehension of the legal principles as to the victim D's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case is not a legitimate ground for appeal since the defendant asserts that it was not the ground for appeal or the court below did not consider it as the object of judgment ex officio.

B. In light of the relevant legal principles and records, the lower court did not err by pointing out the grounds of appeal.

Meanwhile, pursuant to Article 383 subparag. 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, a final appeal may be filed on the grounds of an unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable due to its minor punishment is not a legitimate ground for final 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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