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(영문) 대법원 2014.02.13 2013도11785
사문서변조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendants guilty of each of the charges in this case on the grounds stated in its reasoning.

The judgment below did not err by misapprehending the rules of logic and experience.

In addition, the argument that the reasons for sentencing are inappropriate in the final appeal is the argument of unfair sentencing.

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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the aforementioned assertion to the effect is not a legitimate ground for appeal.

Meanwhile, the defendants' act constitutes an act with the implied consent of the clan of this case.

The argument in the grounds of appeal that the illegality is excluded due to a legitimate act is not a legitimate ground of appeal, as alleged in the grounds of appeal by the Defendants, or by the lower court’s ex officio determination.

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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