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(영문) 대법원 2013.07.25 2013도6487
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. As such, in this case where Defendant A was sentenced to a minor punishment, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to maintain the judgment of the court of first instance which acquitted the defendant of this case on the grounds that there is no proof of crime as to the facts charged in this case against the defendant's tobacco producer, and there is no violation of law by violating logical and empirical rules and free evaluation of evidence

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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