특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court’s determination that Defendant A was guilty on the grounds indicated in its reasoning is justifiable.
In doing so, 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 on the inclusion of “gains” under Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, without exhaust all necessary deliberations as alleged in the grounds of appeal.
2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant C guilty on the grounds indicated in its reasoning.
Contrary to the allegations in the grounds of appeal, there were no errors 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 inclusion of “profit amount” under Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.
In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.
Defendant
In this case where a more minor sentence is imposed against C, the argument that punishment is too unreasonable is not a legitimate ground for appeal.
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.