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(영문) 대법원 2014.04.24 2014도2189
사기등
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, the lower court was justifiable to have determined that all of the facts charged in the instant case was guilty on the grounds stated in its reasoning.

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the grounds of appeal contain an error of law such as incomplete deliberation on the circumstances affecting the sentencing is ultimately an assertion of unfair sentencing. According 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the above argument to the above purport is not a legitimate ground of appeal in this case where 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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