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(영문) 대법원 2018.11.29 2018도14595
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have maintained the first instance judgment that found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

In addition, there is no error of exceeding the bounds of free evaluation of evidence by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by misapprehending the legal principles on deception and deception in fraud, fraud, and price manipulation in violation of the Customs Act.

In addition, the argument that the court below's determination of sentencing contains an error of law that deviates from the inherent limit of the principle of balance of punishment or the principle of responsibility.

Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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