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(영문) 대법원 2016.04.15 2016도2069
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining in light of the relevant legal principles and evidence, the lower judgment that found the Defendant guilty 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 of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on concurrent crimes by Article 37 of the Criminal Act, as alleged in the grounds of appeal

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only when a death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced. Thus, the argument that the amount of punishment is unfair is not legitimate in the instant case where a more minor sentence is imposed against the Defendant.

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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