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(영문) 대법원 2014.07.24 2014도6427

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant A’s grounds of appeal (to the extent of supplement in case of supplemental appellate brief filed on July 2, 2014, to the extent that it supplements the grounds of appeal), the lower court is justifiable to have found Defendant A guilty of all the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the rules of logic and experience

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’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 more than ten years is imposed. Thus, in this case where Defendant B’s minor punishment is imposed, the argument that punishment is too unreasonable is not legitimate grounds of appeal.

3. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable in finding Defendant C guilty of the facts charged in this case on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation

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