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(영문) 대법원 2014.04.24 2014도1503
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to Defendant A’s grounds of appeal, the above Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the above defendant was sentenced to a minor punishment, the argument that the amount of punishment is unfair

2. Examining the grounds of appeal by Defendant C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds stated in its holding, and there was no error of misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or misapprehending the legal principles on fraud.

3. 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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