logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2021.02.25 2020도17004
범죄단체가입등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court collected KRW 9,000,000 from Defendant A and KRW 15,000 from Defendant B, respectively, for reasons 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 misapprehending the legal doctrine on additional collection under Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed against the defendant, the argument that the sentencing review and judgment are illegal is not a legitimate ground for appeal.

3. As to Defendant A’s appeal, the Defendant submitted a petition of final appeal on November 30, 2020, but the lower court rendered a decision to dismiss the final appeal on December 2, 2020 on the ground that the period of final appeal exceeds the period and it is evident that the right to final appeal was extinguished.

The defendant's defense counsel submitted a written reason of appeal on December 29, 2020, when the period for filing an appeal was past. However, even if this is considered as a ground of appeal, the appeal is made after the extinction of the right to appeal, and thus, it is in the incidental law.

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

arrow