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(영문) 대법원 2020.06.25 2019도11670

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court found Defendant A guilty of fraud among the facts charged against Defendant A.

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, by misapprehending the legal doctrine on the criminal intent of deception and deception in fraud, or by violating the presumption of innocence.

The argument that the act of screening the self-smal stem cell line is permissible by the Pharmaceutical Affairs Act is not a legitimate ground of appeal, as it is alleged in the ground of appeal by the defendant A, or by the court below that it is not subject to judgment ex officio.

Furthermore, even if examined in light of the record, the lower court did not err in its judgment as alleged in the grounds of appeal.

The argument that the lower judgment erred by violating the principle of responsibility for sentencing constitutes the allegation of 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 A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by applying the unconstitutional law.

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