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(영문) 대법원 2017.11.14 2017도14390
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court’s order to additionally collect KRW 400 million against the Defendant on the grounds stated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the calculation of additional

In addition, according to various circumstances, such as the Defendant’s age character and character environment, relationship with the victim, motive means and result of each of the instant crimes, and circumstances after the crime, there are substantial grounds to recognize that the lower court’s sentence sentenced to 11 year imprisonment to the Defendant is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

subsection (b) of this section.

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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