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(영문) 대법원 2019.01.10 2018도16982
사기
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, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

The lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the bounds of the principle of free evaluation of evidence against the rules of evidence or by misapprehending the legal doctrine on public offering.

In addition, the argument that the court below erred in violation of Article 51 of the Criminal Act due to incomplete deliberation on the grounds for sentencing is the argument of unfair sentencing.

However, 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 more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable 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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