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(영문) 대법원 2014.04.30 2014도3122
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, the above Defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts as the grounds of appeal along with the allegation of unfair sentencing, and did not clearly withdraw the assertion on this on the date of the first trial of the court below. However, the court below deems the above Defendant’s grounds of appeal as the grounds of unfair sentencing only as the grounds of unfair sentencing and did not determine

However, according to the reasoning of the judgment below, the court below rejected the above defendant's grounds for appeal of unfair sentencing by recognizing that the above defendant's grounds for appeal of unfair sentencing are well-grounded, reversed the judgment of the court of first instance, and finding the defendant guilty of all the above defendant's facts constituting the crime, and thereby rejecting the above defendant's grounds for appeal of mistake of facts (see, e.g., Supreme Court Decision 2000Do123, May 16, 200). Thus, the judgment below did not err in omitting judgment

In addition, examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just for the court below to find the defendant guilty of the facts charged in this case for the reasons stated in its holding, and contrary to what is alleged in the grounds of appeal, there is no error of misapprehending the law of logic and experience and free evaluation of evidence

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. Thus, in this case where a more minor sentence has been imposed on the above defendant, the argument that the sentencing of the sentence

2. Review of the records as to Defendant B’s grounds of appeal.

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