logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.11.14 2017도9493
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged.

The lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine.

Among the grounds of appeal, the argument that the defendant was in a mental and physical state at the time of committing each of the crimes in this case is not a legitimate ground of appeal since the defendant asserts that he was either the defendant's grounds of appeal or the court below was not subject to

The argument that the lower court’s failure to deliberate on the sentencing is ultimately an unreasonable argument in sentencing.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the above assertion 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.

arrow