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(영문) 대법원 2019.02.14 2018도20712
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In full view of the evidence duly admitted and examined by the lower court and the first instance court as to the Defendant’s grounds of appeal, it is justifiable for the lower court to have found the Defendant guilty of fraud due to loans of long-term card loan among the facts charged in the instant case

There is no error exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The argument that the lower court’s determination of sentencing erred in violation of Article 51 of the Criminal Act and Article 11 of the Constitution constitutes an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance court’s conviction and acquitted the Defendant on the ground that there was no proof of crime regarding the instant facts charged (excluding the part concerning the charge) on the grounds indicated in its reasoning.

Examining the record, the above determination by the court below is justifiable.

There is no error exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not include the grounds of objection in the petition of appeal and the appellate brief.

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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