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Cases
2014Do13647 Fraudulent
Defendant
1. A;
2. B
3. C
Appellant
Defendants
Defense Counsel
S. Law Firm
Attorney T (for the defendant A)
Law Firm V
[Defendant] Defendant C]
The judgment below
Seoul Central District Court Decision 2014No1529 Decided September 26, 2014
Imposition of Judgment
January 29, 2015
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendants guilty of the facts charged on the grounds stated 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 the principle of free evaluation of evidence against logical and empirical rules, by exceeding
Furthermore, in light of the records, although it can be known that Defendant C has a certain degree of hearing impairment, there is no evidence to acknowledge that Defendant C has the function of producing foods together. Therefore, the court below is just in failing to reduce the reduction of deaf-mutes as prescribed in Article 11 of the Criminal Act, and there is no error of misapprehending the legal principles as to mitigation of deaf-mutes or omitting judgment, contrary to the allegations in the grounds of appeal by Defendant C.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
Justices Lee Jae-soo
Justices Kim Yong-deok
The Chief Justice Park Jae-young
Justices Kim Gin-young