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(영문) 대법원 2020.11.26 2020도13134
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that convicted of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on deception, fraud, and fraud fraud.

The allegation that the lower court erred by violating the principle of balance of punishment or the principle of accountability in determining sentencing constitutes an allegation of unfair sentencing.

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 may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

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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