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(영문) 대법원 2020.11.26 2020도11620
특정경제범죄가중처벌등에관한법률위반(증재등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant B and C, the lower court found Defendant B and C guilty of the facts charged in relation to the ancillary charges.

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 inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the requirements

In addition, even if examining the record, the lower court did not err by infringing the Defendants’ right of defense due to the permission of modification of indictment, as alleged in the grounds of appeal.

3. As to the Defendant D’s grounds of appeal, the lower court found Defendant D guilty of the primary charges against Defendant D 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 against logical and empirical rules, by misapprehending the legal doctrine on the establishment of joint principal offenders, or by violating the principle of court-oriented trials

4. As to the Defendant F’s grounds of appeal, the lower court convicted Defendant F of the primary facts charged against Defendant F and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.).

The judgment below

In light of the relevant legal principles and evidence duly admitted.

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