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(영문) 대법원 2013.11.28 2013도12323
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant A's claim on mental and physical disability based on its stated reasoning is just and there is no error of law as otherwise alleged in the ground of appeal.

On the other hand, according to the records, Defendant A appealed against the judgment of the court of first instance, and asserted only mental and physical disability with unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

In addition, the grounds of appeal are that the argument of violation of the rules of evidence violates the rules of evidence is an 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 grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the assertion that the amount of punishment is unreasonable

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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