logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.03.13 2014도290
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part not guilty in the grounds) among the facts charged in the instant case, and determined that each fraud constituted a single comprehensive crime.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the blanket offense, contrary to what is alleged in

In addition, examining the reasoning of the lower judgment in light of the reasoning of the lower judgment regarding the grounds of appeal by misapprehending the legal principles as to sentencing on the basis of the principle of balanced criminal punishment and the principle of accountability, the above ground of appeal is merely the purport of disputeing

According 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion to the effect that the sentencing of the

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

arrow