logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.12.26 2013도12899
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the facts charged in this case was guilty on the grounds stated in its reasoning is justifiable, and it did not err by misapprehending the rules of logic and experience and the principle of free evaluation of evidence or by misapprehending the relevant legal doctrine.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not legitimate

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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

arrow