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(영문) 대법원 2013.10.11 2013도9932
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal as to the defendant's fraud aiding and abetting the victim C is purported that the court below found the victim C guilty by finding the victim's false statement, etc. with a reliable fact and by misunderstanding the legal principles as to fraud, although the defendant did not know the victim C's credit status, etc., and the defendant did not know that D had consented to prepare the mortgage contract of this case under the name of D I, and therefore, D was guilty by misunderstanding the legal principles as to the crime of false accusation, although D did not have consented to the preparation of the mortgage contract of this case under the name of D, it is the purport of the ground of appeal as to the crime of false fact finding and misunderstanding the legal principles.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the records, the fact-finding by the court below is not found to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no illegality in the misapprehension of legal principles as to fraud and false accusation.

In addition, the grounds of appeal are that the argument of incomplete deliberation on the conditions of sentencing is the final argument of unfair sentencing, and the appeal on the grounds of unfair sentencing under Article 383 subparagraph 4 of the Criminal Procedure Act is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided by all Justices who reviewed the appeal.

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