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(영문) 대법원 2013.10.17 2013도8838
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all the charges of this case on the grounds stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules

Meanwhile, 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 is unreasonable

2. As to Defendant B’s grounds of appeal, the Defendant did not submit a statement of grounds of appeal within the statutory period (which was submitted on September 11, 2013, after the lapse of the statutory period), and the petition of appeal contains no indication of the grounds for appeal.

Therefore, the appeal should be dismissed by the ruling in accordance with Article 380 of the Criminal Procedure Act. However, the appeal should be dismissed by a judgment en bloc with Defendant A.

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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