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(영문) 대법원 2015.12.23 2015도17104
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to Defendant B’s appeal in light of the evidence, the lower court is justifiable to have determined that the Defendant B was guilty of the facts charged in this case (excluding the part of acquittal) on the grounds as indicated in its reasoning

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence against 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 Defendant B, the argument that the punishment is too unreasonable is not a legitimate

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing is included in the territory of freedom of formation permitted to legislative authority, and thus the above provision of the law cannot be deemed to violate Article 27 of the Constitution. Thus, the argument in the grounds for appeal that the above provision of

2. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendants of the instant facts charged (excluding the guilty part against Defendant B) on the grounds stated in its reasoning, on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on third parties in fraud, contrary to what is alleged in the grounds of

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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