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(영문) 대법원 2013.05.09 2013도3380
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations, or did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, on the grounds stated in its reasoning, that the instant facts charged were recognized and rejected the grounds for appeal

In addition, the argument that the judgment of the court below did not examine all the conditions of sentencing constitutes an unreasonable sentencing argument.

According to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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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