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(영문) 대법원 2014.01.29 2013도14466
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. As such, in this case where Defendant A was sentenced to a minor punishment, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged against Defendant B was guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of

In addition, 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. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable

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

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