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(영문) 대법원 2013.11.28 2013도11592
사기
Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. Defendant B’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are subject to the court’s discretion as to whether to combine pleadings. Thus, the court below did not combine pleadings as alleged by the above Defendant B.

Thus, this cannot be considered unlawful.

This part of the grounds of appeal cannot be accepted.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed at the original trial. Thus, an appeal by the Supreme Court is not allowed for the above defendant to be filed on the grounds that the sentence

2. According to the records as to Defendant C’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 cases, an appeal shall not be filed with the Supreme Court on the ground that the judgment of the court below erred by mistake of facts.

In addition, since the issue of whether to postpone the date falls under the discretion of the court, the court below rejected the above defendant's application for extension of the sentencing date.

Thus, this cannot be considered unlawful.

This part of the grounds of appeal cannot be accepted.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed at the original trial. Thus, an appeal by the Supreme Court is not allowed for the above defendant to be filed on the grounds that the sentence

3. Examining Defendant D’s grounds of appeal in light of the evidence adopted by the lower court, the lower court.

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