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(영문) 대법원 2015.09.24 2015도11975
사기
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

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. Examining the evidence duly admitted and examined by the lower court and the first instance court as to Defendant B’s grounds of appeal, the lower court’s determination that all of the facts charged of this case is guilty on the grounds indicated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misapprehending the legal principles on co-principal.

In addition, the argument that the judgment of the court below is erroneous in incomplete deliberation on sentencing conditions is ultimately an argument of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a minor sentence 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.

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