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(영문) 대법원 2017.11.09 2017도13772
전자금융거래법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court, based on the grounds indicated in its reasoning, acknowledged the guilty portion of the criminal facts in the judgment of the first instance court, and rejected the first instance judgment that rejected the Defendant’s assertion that asserted the violation of the Electronic Financial Transactions Act, and rejected the Defendant’s appeal on the mistake of facts

The grounds of appeal purporting to the effect that the lower court’s determination is based on this determination are nothing more than denying the lower court’s determination as to the choice of evidence and probative value, which belong to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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