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(영문) 대법원 2014.07.10 2013도14715

유사수신행위의규제에관한법률위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant B, the lower court, on the grounds as indicated in its reasoning, determined that the Defendant committed the instant crime in collusion with Defendant A, etc., and rejected the allegation in the grounds of appeal for mistake of fact that contests this.

The allegation in the grounds of appeal is nothing more than dispute over the selection of evidence and its probative value, which belongs to the free judgment of the fact-finding court, or the fact-finding based on such judgment. In light of the evidence duly admitted, the court below did not exhaust all necessary deliberations or exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

2. According to the records on Defendant D’s grounds of appeal, the above Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a fine is imposed against the above defendant, the argument that the sentencing of the sentence

3. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant E, F, G, H, I, L, and M’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed. As such, all of the arguments that the punishment is too heavy against the above Defendants are not legitimate grounds of appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition.