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(영문) 대법원 2016.05.12 2016도2704
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that all of the facts charged against the Defendants were guilty on the grounds indicated in its reasoning.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles as to joint principal offenders in the omission of judgment or fraud, without exhausting all necessary deliberations, as alleged in the grounds of appeal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor punishment is imposed against the Defendants, the assertion that the amount of punishment is unreasonable is also not a legitimate ground for appeal.

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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