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(영문) 대법원 2019.11.28 2019도12711

자격모용사문서작성등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ common grounds of appeal, the lower court convicted the Defendants of the charges on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 the specific facts charged and the burden of proof.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, Defendant C’s appeal on the assertion of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed.

Defendant

In this case where a minor sentence is imposed against C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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