beta
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).
Examining the evidence duly adopted and examined by the court below and the first instance court, it is justifiable to conclude that the court below convicted all of the facts charged in this case of fraud, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), violation of the attached Table 3 through 9, 11, 13 through 17, 21 through 23, 29, 31, 33, 35, 51, 52, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), delivery of a third party bribe, and delivery of a bribe.
In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation against logical and empirical rules, by misapprehending the legal doctrine on the principle of infinite and unfavorable treatment, ex post facto act, and disposal in fraud
In addition, the argument that the judgment of the court below erred by violating the principle of balance of punishment or the principle of responsibility in the determination of sentencing, thereby exceeding the limit of the discretion of sentencing is an unfair argument of sentencing.
According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.
In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment, including the above argument, is unfair is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.