logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.12.24 2015도15193
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence of Defendant A’s ground of appeal duly adopted and examined by the lower court and the first instance court, the lower court’s determination that Defendant A was guilty of the charge of fraud (excluding the acquittal portion) against the victim F and G among the instant facts charged against Defendant A and of violation of the River Act on the grounds stated in its reasoning is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only when the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

Defendant

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

2. According to the records on Defendant B’s grounds of appeal, Defendant B appealed against the judgment of the first instance, and asserted a mistake of facts with the grounds of appeal, along with the unreasonable sentencing, and withdrawn the grounds of appeal for mistake of facts on the second trial of the lower court.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred by infringing on the principle of equality under the Constitution and the authority to hold public office constitutes the argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only when a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

Defendant

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

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow