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(영문) 대법원 2015.07.23 2014도17721
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary power of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been declared, the judgment of the court below affected the conclusion.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where a fine is sentenced, the argument that only the fact-finding of the court below or the punishment is too unreasonable without any specific argument about the violation of the law of the court below is not a legitimate ground for appeal.

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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