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(영문) 대법원 2017.06.29 2017도4975
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of grounds of appeal filed after the lapse of the period for submitting the grounds of appeal).

In light of the relevant legal principles and evidence, the lower court’s judgment that upheld the first instance judgment that found all of the facts charged of this case guilty on the grounds stated in its reasoning was erroneous by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, and by misunderstanding facts based on each false testimony inconsistent with the logical and empirical rules as well as inconsistent with objective materials, thereby adversely affecting the conclusion of the judgment.

subsection (b) of this section.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the sentencing of the court below is unfair is in violation of the principle of balance of crimes and the principle of responsibility, and thus, the allegation that the sentencing of the defendant is unfair

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

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