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(영문) 대법원 2020.06.25 2020도2147

유사수신행위의규제에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the remaining Defendants except Defendant H, the lower court convicted the Defendants of the facts charged (excluding the part on Defendant R’s acquittal of the grounds) 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the act of receiving similar goods, intentional and co-principals, and the exercise of the Defendant’s right to defense in violation of the Act on the Regulation of

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant H’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

Defendant

In this case where a minor sentence is imposed against H, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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