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(영문) 대법원 2014.07.10 2014도5360

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the first instance judgment in Seoul Central District Court case 2012 Highly 6877, on the first instance judgment of Seoul Central District Court 2012 Highly 687, claimed erroneous facts, violation of law and misapprehension of legal principles as grounds for appeal, and withdrawn the grounds for appeal on the first instance trial of the lower court, and left only the allegation of unfair sentencing by misunderstanding facts, violation of laws and regulations, and misapprehension of legal principles, and only the allegation of unfair sentencing as grounds for appeal against the first instance judgment

In such a case, the argument that there is an error of mistake, violation of law, or misunderstanding of legal principles as to each fraud among the judgment below and each violation of the Labor Standards Act cannot be a legitimate ground for appeal.

In addition, in light of the evidence adopted by the first instance court maintained by the lower court, it is justifiable for the lower court to have convicted all of the charges of forging private documents and uttering of falsified investigation documents among the charges of this case on the grounds as stated in its reasoning

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts or by misapprehending the relevant legal principles by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced at the original trial. Thus, an appeal by the Supreme Court is not allowed for the defendant to be filed on the grounds that punishment is too unreasonable.

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