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(영문) 대법원 2013.05.23 2012도14655
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to Defendant B’s grounds of appeal, Defendant B appealed on the first instance judgment, and asserted a mistake of facts, along with the grounds of appeal, as well as the grounds of unfair sentencing, but withdrawn the assertion of mistake of facts on the second trial of the lower court, and left only the grounds of unfair sentencing as the grounds

In this case, the argument that the court below erred in mistake of facts or incomplete hearing shall not be a legitimate ground for appeal.

Furthermore, even if ex officio examination is conducted, there is no error in the judgment below as alleged in the grounds of appeal.

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. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable cannot

2. Examining the reasoning of the lower judgment on Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant C was guilty on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the rules of logic and experience and free evaluation of evidence.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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