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(영문) 대법원 2014.12.24 2014도13523
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the facts charged in this case was guilty is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence.

In addition, pursuant 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 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 defendant, the argument that the punishment is too unreasonable cannot be

In addition, according to the records, the defendant stated in the statement of the grounds for appeal that "the court below violated the Constitution, laws, orders, and rules, or did not state any specific grounds for appeal, which affected the conclusion of the judgment." Thus, this cannot be viewed as 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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