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(영문) 대법원 2014.08.20 2014도2876

사기방조

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the judgment below as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the court below, it is just to reverse the judgment of the court of first instance that acquitted Defendant C on the ground that the facts charged in this case against Defendant C were found guilty, and to have not violated the principle of free evaluation of evidence in violation of logical and empirical rules.

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