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(영문) 대법원 2013.06.27 2013도4909
사기
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the evidence adopted by the court of first instance that the court below maintained, it is just to find the defendant guilty of the facts charged in this case for the reasons stated in its holding, and there is no error of law by finding facts contrary to logical and empirical rules or by omitting judgment or failing to exhaust all necessary deliberations, contrary to the allegations

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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