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(영문) 대법원 2014.11.27 2014도12724
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the facts charged in the instant case is guilty is justifiable, and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, the argument that the lower court erred by failing to fully reflect the sentencing conditions favorable to the Defendant in determining the sentencing, thereby infringing on the essential contents of the principle of balance of punishment or the principle of responsibility, constitutes an allegation of unfair sentencing.

However, 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 sentencing of the punishment

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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