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(영문) 대법원 2019.05.30 2019도4173

특정경제범죄가중처벌등에관한법률위반(사기)등

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 convicted Defendant A of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 misapprehending the legal doctrine on co-principals, intent to illegally obtain private documents in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), intent to forge private documents, and intent to use private documents, etc.

Defendant

Article 383 Subparag. 4 of the Criminal Procedure Act provides that even in a case where the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing may not be filed on the grounds of lawful grounds for final appeal, since Article 383 Subparag. 4 of the Criminal Procedure Act provides that an appeal may not be filed.

2. As to the grounds of appeal by Defendant KO, the lower court found Defendant KO guilty of the facts charged against Defendant KO on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 misapprehending the legal doctrine on joint principal offenders.

In addition, the argument that the judgment of the court below exceeded the reasonable limit of discretion in sentencing is ultimately an 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 KO's minor punishment is imposed, the argument to the effect that punishment is too unreasonable is legitimate.