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(영문) 대법원 2019.05.30 2018도14494

공전자기록등불실기재등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant D guilty of all the charges on Defendant D, on the grounds 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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of false entry into public electromagnetic records, etc., and joint principal offenders.

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 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 Defendant D, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

2. The lower court found Defendant E guilty of the part concerning Defendant E’s grounds of appeal, on the grounds indicated in its reasoning, concerning false entry into public electronic records, etc. and the exercise of false entry, public electronic records, etc.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “indecent facts” under Article 228(1)

The Defendant asserts that the lower court erred by misapprehending the legal principles as to the mistake of facts, misunderstanding of legal principles, and the number of crimes with respect to an express circumstance as provided in Article 314 of the Criminal Procedure Act. However, this does not constitute a legitimate ground for appeal since the Defendant’s assertion was made only in the final appeal that the Defendant did not regard it as legitimate

Furthermore, in light of the relevant legal principles and the evidence duly admitted, the examination is also conducted.