상습사기등
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
The Defendant’s argument in the grounds of appeal is that each traffic accident of this case is an accident caused by the other party’s negligence, but does not cause an accident with the intent to acquire insurance money or to keep the agreement from the other party’s driver, but the lower court found the Defendant guilty of the charge of this case (excluding the part of acquittal) by either conducting erroneous fact-finding or violating the presumption of innocence. It is the purport that this is unlawful.
However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence
The judgment below
Even if examining the reasoning of the judgment of the court below in light of the records, the reason that the court below exceeded the bounds of the principle of free evaluation of evidence cannot be found, and there is no illegality in violation of the presumption of innocence.
Meanwhile, the argument that the court below erred in violation of the principle of balance of crime, the principle of responsibility and the principle of equality and deviation from the limits of discretion in sentencing by failing to properly examine the circumstances that are the conditions of sentencing while determining the punishment against the defendant is ultimately an allegation of unfair sentencing.
However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years
In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.