beta
(영문) 대법원 2017.01.12 2016도18037

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found all of the charges of this case (excluding the part not guilty of the Defendant) guilty.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the principle of self-responsibility, the comprehensive crime, the period in which the appeal was filed, the period in which the reason for appeal was submitted, and the willful negligence,

Even if the defendant was transferred to Daegu prison as alleged in the grounds of appeal, the notice of receipt of the court records was served to Daegu detention house.

Even if the defendant's defense counsel's appeal is not a legitimate ground for appeal, the court below determined that the defendant's defense counsel's appeal is sufficient.

Therefore, the ground of appeal on this issue is without merit.

In addition, the argument that the court below violated the principle of responsibility for sentencing is ultimately unfair.

According to Article 383, Paragraph 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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

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