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(영문) 대법원 2015.08.27 2015도9295
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 first instance court and the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation

In addition, according to the records, since the state appointed by the court below was present together with the defendant on the first and second trial dates of the court below, and it is possible to find out the facts that the defendant had made a pleading for the defendant, the argument in the grounds of appeal that the right to counsel was infringed

Meanwhile, 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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