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(영문) 대법원 2015.01.29 2014도16825
여신전문금융업법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant B guilty of all of the facts charged in the instant case (excluding the acquittal portion) 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 violating the logical and empirical rules and by misapprehending the legal doctrine

2. According to the records on Defendant C and D’s grounds of appeal, Defendant C and D appealed on the judgment of the first instance, and asserted mistake of facts or misapprehension of legal principles as the grounds of appeal along with the grounds of unfair sentencing, and Defendant C were on the third trial of the lower court, and Defendant C withdrawn the assertion of mistake of facts or misapprehension of legal principles on the fourth trial of the lower court, and only left the grounds of unfair sentencing as the grounds of appeal.

In this case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below shall not be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of incomplete deliberation on sentencing is an argument 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where Defendant C and D were sentenced to a more minor sentence, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for

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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