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(영문) 대법원 2015.05.29 2015도4225
사기등
Text

The appeal is dismissed.

The judgment of the court of first instance on November 26, 2014, which indicated the judgment of the court of first instance, is "Seoul Central District Court".

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the court below was just in finding the Defendant guilty of the attempted conflict and attempted conflict among the facts charged in the instant case on the grounds as stated in its reasoning, and there was no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules without all necessary deliberations.

In addition, 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 more 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 defendant’s punishment is too unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that there is an obvious clerical error in the indication of the first instance judgment.

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