특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals are dismissed.
The grounds of appeal are examined.
1. As to the Defendant’s grounds of appeal, the allegation that the lower court did not exhaust all necessary deliberations as to basic facts, and did not err in violation of logical and empirical rules or in violation of the principle of balanced criminal punishment, the principle of responsibility, and the principle of proportionality under the Constitution constitutes
However, 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor punishment is imposed against the defendant, the above assertion and the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.
On the other hand, among the defendant's grounds of appeal, the defendant's assertion that the court below erred in the misapprehension of the legal principles as to the victim R's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud among the facts charged in this case shall not be a legitimate ground of appeal since the defendant's ground of appeal is justified or the court below did not consider
2. Examining the prosecutor’s grounds of appeal, it is justifiable to reverse the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of crime regarding the fraud of the victim W among the facts charged in the instant case, and to render a judgment of not guilty.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or failing to exhaust all necessary deliberations.
On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief concerning the guilty part.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.