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(영문) 대법원 2015.01.29 2014도15376
농산물품질관리법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have convicted the Defendant of all of the facts charged in the instant case of fraud and attempted fraud. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence.

In addition, the argument that the judgment of the court below erred in sentencing in violation of Article 51 of the Criminal Act or the empirical rule is ultimately an unreasonable sentencing argument.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court’s determination that there was no proof of crime, thereby maintaining the first instance judgment that acquitted the victim H of the facts charged in the instant case, and reversed the first instance judgment that convicted the victim HA and HB of each fraud, and the lower judgment that acquitted the Defendant, is all justifiable. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the criminal intent of the defrauded by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation

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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