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(영문) 대법원 2020.11.26 2020도12873
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court found the Defendant guilty of the part of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on deception, deception, deception, and the establishment of joint principal offenders in the crime of fraud.

The argument that there is a violation of the warrant requirement and the legal proceedings of the first instance court is not a legitimate ground for appeal, as it is asserted by the defendant only when it comes to the final appeal that there was no ground for appeal or that there was no ground for ex officio determination by the court below.

Furthermore, even if examining the records in light of the records, there is no error in the first instance trial proceedings as alleged in the grounds of appeal.

According to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be deemed 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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