beta
(영문) 대법원 2015.11.26 2015도12593

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’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 not less than ten years has been imposed. As such, in this case where Defendant A was sentenced to a minor punishment, the argument that the amount of punishment is unreasonable

2. On the grounds of appeal by Defendant J, the lower court found Defendant J guilty of all the facts charged in the instant case (excluding the part determined to be acquitted from the original trial) on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, 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 on fraud, without exhaust all necessary deliberations, contrary to what is alleged in

In addition, in this case where imprisonment for less than 10 years has been imposed against the above defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

3. Examining the grounds of appeal by Defendant O in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that all of the charges of this case against DefendantO were guilty 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 on fraud, without exhausting all necessary deliberations, as alleged in the

In addition, in this case where imprisonment for less than 10 years has been imposed against the above defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

4. Therefore, all appeals are dismissed.