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(영문) 대법원 2013.09.13 2013도8146
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the instant facts charged (excluding the order of the lower judgment and the part not guilty on the grounds indicated in its reasoning). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on

In addition, the argument that the court below's sentencing infringed on the essential contents of the principle of balanced punishment or the principle of responsibility is ultimately an unfair sentencing argument. According to 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 is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, the above argument to that effect is not legitimate

2. Examining the reasoning of the lower judgment on the prosecutor’s appeal in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the charge of the crime committed before the police officer on June 201 (except for the crime committed on June 9, 2011 against the victim H) among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there was no proof of crime. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the facts contrary

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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