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(영문) 대법원 2019.06.13 2019도4661
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of the facts charged (excluding the part not guilty in the grounds of appeal) with respect to Defendant A 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 in its judgment 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 regarding the conspiracy relation in the

In addition, the argument that the sentencing of a sentence identical to that of the first instance court is unlawful even though some of the facts charged was found not guilty at the lower court constitutes the allegation of unfair sentencing.

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 more 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 against Defendant A, the argument that punishment is too unreasonable is not a legitimate ground for appeal

2. The lower court upheld the first instance judgment convicting Defendant C of the facts charged, on the grounds as indicated in its reasoning, on the grounds as indicated 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 in its judgment 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 res judicata and probative value of final and conclusive judgments, auction,

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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