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(영문) 대법원 2013.09.27 2013도8834
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendants guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence

Meanwhile, 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 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 Defendants, the argument that the sentencing of the sentence is unreasonable

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendants.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have determined that there was no proof of the relevant crime regarding the fraud in the list of crimes Nos. 11, 12, 14, 15, and 17 among the facts charged against the Defendants, and the fabrication of private documents and the uttering of private investigation documents among the facts charged against Defendant B, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and the free evaluation of evidence

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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