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(영문) 대법원 2016.02.18 2015도16975
자격모용사문서작성등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendants of the instant facts charged (excluding the part of innocence against Defendant B).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court did not err by misapprehending the legal doctrine on the crime of defamation and the lawful act, etc., as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the reason of an unfair sentencing. Thus, the argument that the amount of a fine is unfair is not a legitimate ground for appeal.

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

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