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(영문) 대법원 2016.03.10 2016도136
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence, the lower court is justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is an error of law such as misunderstanding facts or misunderstanding relevant legal principles by exceeding the bounds of the principle of free evaluation of evidence without failing to exhaust all necessary deliberations.

shall not be recognized.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

Therefore, the appeal is dismissed by the assent of all participating Justices.

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