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(영문) 대법원 2019.07.25 2019도6248
범죄단체가입등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found Defendant C guilty on the ground that there was no proof of crime regarding the activities of the crime organization and fraud listed in No. 1 of the crime sight table in the judgment of the court of first instance among the charges against Defendant C

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on co-principal.

2. As to the Defendant A’s grounds of appeal, Defendant A asserts to the effect that there was an error of mistake of facts as to the part No. 1 listed in the list of crimes in the judgment of the court of first instance.

However, this is not a legitimate ground for appeal, as it is asserted by Defendant A as the ground for appeal or as the subject of a judgment by the court below ex officio.

Furthermore, even in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by violating Article 364(2) of the Criminal Procedure Act.

In addition, the argument that the lower court erred in the misapprehension of the principle of free evaluation of evidence, deviation from the limits of free evaluation of evidence, violation of the principle of proportionality, and infringement of the right of equality constitutes an

However, under 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 against Defendant A, the argument that punishment is too unreasonable is not a legitimate ground

3. Therefore, the appeal is dismissed.

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