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(영문) 대법원 2013.09.12 2013도8126
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

The judgment below

The appeal filed by the defendant in the second place, the 14, the 15, and the 6th place of appeal.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case for the reasons stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle

Meanwhile, 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 is unreasonable

Therefore, the appeal shall be dismissed, and since it is clear that there are some errors in the judgment of the court below, it shall be corrected under Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

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