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(영문) 대법원 2016.02.18 2015도11875

자본시장과금융투자업에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence, the lower court, which found the Defendants guilty of all the facts charged of this case, did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the logical and empirical rules, by misapprehending the relevant legal doctrine, by misapprehending the principle of clarity and prohibition of analogical interpretation, or by infringing the right to a trial.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for final appeal.

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