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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 2017.06.15 2017도4635
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the victim AI guilty of fraud among the facts charged in the instant case on the grounds as stated in its reasoning, and there were no errors by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles as to deception and fraud in fraud.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of sentencing materials is ultimately an unfair argument in sentencing.

However, examining various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with victims, motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, there are substantial grounds to recognize that the lower court’s sentencing of the Defendant, who sentenced ten years of imprisonment, is extremely unfair.

shall not be deemed to exist.

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

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