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(영문) 대법원 2019.07.10 2019도4005
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record as to Defendant A’s appeal, Defendant A did not submit a petition of appeal to the lower court; Defendant A submitted a written statement of “statement of grounds for appeal” to the Supreme Court on March 29, 2019 when the period for filing an appeal expires.

Even if the appeal is filed, the appeal by a public defender is unlawful as it is filed after the right to appeal is extinguished.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years is imposed. Thus, in this case where Defendant B’s minor punishment is imposed, the argument that punishment is too unreasonable is not legitimate grounds of appeal.

3. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no proof of crime regarding the fraud caused by deception, on June 2015, among the facts charged against Defendant A, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

4. 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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