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(영문) 대법원 2015.04.23 2015도2391
사문서위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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 than ten years has been imposed. Thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of

2. Although examining the reasoning of the lower judgment as to Defendant E’s grounds of appeal based on evidence, the lower court rejected the Defendant’s allegation that there was no intention to commit the instant crime and there was no intention to jointly process the instant crime, and found the Defendant guilty of all the instant facts charged, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts contrary to logical and empirical rules

In addition, pursuant 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 more 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

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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