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(영문) 대법원 2015.04.09 2015도2776

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of forging private documents and uttering of falsified investigation documents among the facts charged against the Defendant on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the above defendant, the argument that the sentencing of the sentence is unreasonable

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 labor for not less than ten years has been imposed. Thus, in this case where the above Defendant was sentenced to a minor sentence, the argument that the sentencing of the sentence

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