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(영문) 대법원 2016.06.09 2016도4225
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of this case’s facts charged (excluding the part not guilty of the grounds for appeal) 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

In addition, the argument that the judgment of the court below erred by exceeding the inherent limit of sentencing discretion is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases 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 wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment below in light of the records, the court below was just in finding the Defendant not guilty on the ground that there was no proof of the crime regarding the prosecutor’s appeal of this case’s crime 1 to 4, 9, 12, 13, 15, and 17 re-infilation of the crime list 1 to 4, 9, 12, 13, 15, and 17 on the charge of this case’s charge, and the crime committed once again 23 times the crime list 2, and there was no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, without failing to

3. 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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