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(영문) 대법원 2017.08.29 2017도9169

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of Defendant A’s appeal reveals that Defendant A appealed against the judgment of the first instance, and Defendant A asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

The argument that the court below's decision is erroneous in violating the equality of punishment against accomplices in sentencing is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant A was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

In addition, even if the record is examined, the court below did not err by infringing the defendant's right of defense, as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to maintain the first instance judgment that acquitted Defendant C of the facts charged in this case on the grounds stated in its reasoning, on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in

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