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(영문) 대법원 2014.01.16 2013도13759
사기등
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 is just in holding that all of the facts charged in this case is guilty, and contrary to the allegations in the grounds of appeal, the court below did not err in violation of logical and empirical rules and free evaluation of evidence.

In addition, even after examining records, the prosecutor investigated the victims' interest in a timely manner.

or the right to assistance of counsel was unlawfully deprived in the course of investigation.

It is not possible to find an illegal cause, such as the detention of the defendant, or the illegality of the detention of the defendant.

We cannot accept the allegation that there is an error of violation of the Constitution or law in the investigation procedure of this case.

Meanwhile, under 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 not less 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 the 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.

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