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(영문) 대법원 2015.07.23 2015도7210

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A 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 determined that Defendant A was guilty of the facts charged in this case for the reasons indicated in its holding, and there was no error by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed. Thus, in this case where Defendant B’s minor punishment is imposed, the argument that punishment is too unreasonable is not legitimate grounds of appeal.

3. Examining the grounds of appeal by Defendant C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding Defendant C guilty of the facts charged in this case for the reasons indicated in its holding, and did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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