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(영문) 대법원 2014.11.27 2014도11137
상습사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant A).

1. As to the Defendant A’s grounds of appeal, the lower court found Defendant A guilty of the injury caused by abandonment among the facts charged in the instant case on the grounds and circumstances stated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less 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 the above defendant, the argument that the amount of punishment is unreasonable

2. Examining the grounds of appeal by Defendant C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant C was guilty of all of the charges in this case on the grounds and circumstances stated in its reasoning and the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, in this case where a sentence of imprisonment for less than 10 years is imposed against the above defendant, the argument that the sentence of the court below is unreasonable cannot be a legitimate ground for appeal, and the argument about a mental disorder that is not subject to the judgment of the court below 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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