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(영문) 대법원 2016.02.18 2015도18982
사기등
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).

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the charges of this case was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine.

In addition, the argument that there was an error in violation of Article 51 of the Criminal Act due to the failure to examine the sentencing factors in the judgment of the court below is an unfair argument for sentencing. However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal for the reason of unfair sentencing is allowed. Thus, the argument that the amount of the punishment is unfair is not a legitimate ground for appeal.

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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