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(영문) 대법원 2013.12.26 2013도12897
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted the victim H of each of the forged real estate transaction agreements and fraud on November 2008 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, 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 the criminal intent of

Meanwhile, pursuant 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 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

In addition, the argument in the grounds of appeal that the court below erred in the violation of the principle of no appeal and the principle of an indictment only is alleged to be the ground for appeal or the court below's decision not to be subject to ex officio examination, and it cannot be a legitimate 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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