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(영문) 대법원 2015.09.15 2015도10887
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary power of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal may be filed on the ground that there is a significant reason to recognize that the

The gist of the grounds of appeal is that even though the defendant did not acquire the victim's money as stated in the facts charged, the court below erred fact-finding based on the victim's statement without credibility and the sentence of the court below is too excessive, so the judgment of the court below is unlawful. However, even if examining the reasoning of the judgment of the court of first instance in light of the evidence adopted by the court of first instance, there are no grounds to deem that the judgment of the court below exceeded the bounds of the principle of free evaluation of evidence, and the argument of unfair sentencing is not a legitimate ground of 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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