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(영문) 대법원 2015.12.10 2015도16348
사기
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 by the court below, the court below is just in holding that all of the facts charged in this case is guilty, and contrary to what is alleged in the ground of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence

In addition, the argument that the lower court’s sentencing erred by exceeding the bounds of the principle of balance of punishment and the principle of responsibility, and thereby deviating from the discretionary power of sentencing is ultimately an unreasonable sentencing argument

However, under 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 not less 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 sentencing of the punishment

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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