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(영문) 대법원 2018.02.08 2017도20904
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, the court below is just in finding the Defendant guilty of all of the events, such as the fraud among the facts charged in the instant case, the fact that the private document was committed, the fact that the private document was held in the above investigation document, the fact that the private document was prepared, the fact that the private document was held in the qualification reproduction, the fact that the private document was not prepared, the fact that the private document was not prepared in the qualification reproduction, the fact that the private electronic document was not recorded in the public, and the electronic record recorded in the public. In so doing, the court below did not err

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the crime of this case is not a legitimate ground for appeal since the defendant asserted that the defendant was the ground for appeal or was not subject to judgment ex officio by the court below.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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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