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(영문) 대법원 2014.07.10 2014도6083
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, and thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of the

In addition, the Defendant stated in the notice of the grounds of appeal that “the Defendant violated the Constitution, laws, orders, or rules, or erred by misapprehending the legal principles, which affected the conclusion of the judgment,” or stated “the Defendant’s crime of this case is committed in the state of mental disorder or mental disorder,” but did not state specific reasons therefor. Thus, it cannot be deemed a legitimate ground of appeal.

Even if examining records, such an error does not seem to exist.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. Thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of

3. Examining the grounds of appeal by Defendant C in light of the evidence duly adopted and examined by the court below and the first instance court, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds stated in its holding, and there was no error of law by misapprehending the rules of logic and experience and free evaluation of evidence or by misapprehending the relevant legal principles.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, the appeal on the ground of unfair sentencing is limited to cases where death penalty, life imprisonment or imprisonment or imprisonment without prison labor for not less than ten years is sentenced.

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