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(영문) 대법원 2020.06.25 2020도4799

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal by Defendant A, the ground of appeal by the lower court that there is an error of law in the misapprehension of legal principles as to mental and physical disability is not a legitimate ground of appeal since Defendant A’s ground of appeal is asserted in the final appeal that there was no ground of appeal by the lower court,

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

Defendant

In this case where a more minor sentence is imposed against A, the argument that punishment is too unreasonable cannot be a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant B, the lower court upheld the first instance judgment convicting Defendant B of the facts charged on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine regarding the establishment of fraud and joint principal

3. As to the grounds of appeal by Defendant C, the allegation that the lower court erred in incomplete deliberation as to sentencing conditions constitutes grounds for unfair sentencing.

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

Defendant

In this case where a minor sentence is imposed against C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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