beta
(영문) 대법원 2018.04.26 2018도3953

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant B).

1. Examining the reasoning of the lower judgment as to Defendant A and B’s grounds for appeal in light of the relevant legal principles and the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, 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 violation of the Act on the Aggravated Punishment, etc. of

2. Examining the reasoning of the lower judgment as to Defendant C and E’s grounds for appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found Defendant C and E guilty of the facts charged of this case on the grounds stated in its reasoning. In so doing, 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

3. As to the grounds for appeal by Defendant Fisheries Co., Ltd., Defendant Fisheries Co., Ltd., Defendant Fisheries Co., Ltd., failed to submit the grounds for appeal within the submission period of the grounds for appeal, and even in the petition of appeal

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