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(영문) 대법원 2014.05.16 2014도3310
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 finding the Defendant guilty of forging each private document under the name of C among the facts charged in the instant case, and it did not err in the misapprehension of legal principles as to the crime of forging private document and the crime of uttering of falsified private document, which are contrary to the logical and empirical rules and the principle of free evaluation of evidence, or which are contrary to the allegations in the grounds of appeal.

In addition, the argument that the court below erred by failing to exhaust all necessary deliberations on the conditions of sentencing constitutes the argument of unfair sentencing.

However, 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 more than ten years has been imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion or the above argument that the above punishment is too unreasonable is not legitimate

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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