beta
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, an appeal may be filed for the reason that the judgment of the court below was affected by grave mistake of facts, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years
Therefore, in this case where a fine is imposed against Defendant A, the argument that the lower court’s decision on the selection and probative value of evidence or its factual basis, which actually belongs to the free judgment of the fact-finding court, is not a legitimate ground for appeal.
2. Examining the reasoning of Defendant C’s appeal 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 the crime of attempted fraud of this case was not an attempted crime but an attempted crime. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the attempted crime of attempted abandonment
In addition, even if the defendant voluntarily surrenders himself/herself, it is merely that the court can voluntarily reduce the punishment for the self-denunciation, and it cannot be deemed that the court below erred by failing to reduce the self-denunciation or failing to make a decision on the allegation of mitigation of the self-denunciation (see, e.g., Supreme Court Decisions 2011Do12041, Dec. 22, 2011; 2004Do2018, Jun. 11, 2004). Therefore, the grounds for appeal contrary thereto cannot be accepted in light of the previous Supreme Court precedents, and it is necessary to revise the precedents.
There is no recognition.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.