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(영문) 대법원 2017.01.25 2016도18529
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of both the violation of the Medical Service Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud as modified in the lower court.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the Medical Service Act and fraud, contrary

In addition, the argument that the judgment of the court below did not properly examine the basic facts of sentencing in violation of logical and empirical rules, and that the judgment below erred in deviating from the limit of the principle of free evaluation of evidence constitutes an unfair argument of sentencing.

According to Article 383, Paragraph 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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against 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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