logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.12.10 2015도16116
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds set out in its reasoning, the court below rejected the allegation in the grounds of appeal as to mistake of facts or misapprehension of legal principles, on the judgment that the defendant acquired money by deceiving the true use with the criminal intent of defraudation.

The ground of appeal, which is erroneous in the judgment of the court below, is merely an error of the judgment of the court below as to the selection of evidence and probative value which belong to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the above legal principles and the relevant legal principles and the evidence duly adopted, and there is no error of law by misapprehending the relevant legal principles or by exceeding the bounds of the principle of free evaluation of evidence, contrary

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 defendant, the argument that the amount of punishment is unreasonable

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

arrow