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(영문) 대법원 2013.04.11 2013도1865
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the court below erred by misapprehending the legal principles on the sentencing review and method of sentencing determination by infringing on the fundamental contents of the principle of balanced criminal punishment or the principle of responsibility in determining the defendant's punishment against the defendant constitutes an allegation of unfair sentencing.

I would like to say.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been sentenced. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court of first instance which acquitted the public prosecutor on the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, among the facts charged in the instant case, on the grounds as stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

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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