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(영문) 대법원 2018.09.13 2018도9430

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant L’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found Defendant L guilty of all the charges on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Regulation of Similar Receiving Act and the Door-to

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant P’s appeal, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal on the grounds of unfair sentencing is allowed.

Defendant

In this case where a more minor punishment is imposed on P, the argument that the addition of community service work is too unreasonable is not a legitimate ground for appeal.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant R, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that the amount of the punishment is remarkably unreasonable, on the grounds that the judgment of the court below was sentenced to death penalty, life imprisonment, or imprisonment with or without

Therefore, in the instant case where Defendant R was sentenced to a more minor sentence, the lower court’s assertion or the allegation to the effect that the lower court erred by misapprehending the legal doctrine on the selection of evidence and the probative value, or by misapprehending the legal doctrine on the premise of facts different from the facts recognized by the lower court, or that the allegation to the effect that the lower court points out a misunderstanding of the legal doctrine, or that

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