logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.10.15 2015도12327
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed), in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all facts charged of this case against Defendant A were found, on the grounds as stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on deception or disposal in fraud or by misapprehending the bounds of the principle of free evaluation of evidence without exhaust all necessary deliberations, or by misapprehending the legal doctrine on the crime of forging a private document.

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 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 the amount of punishment is unreasonable is not

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 judged the Defendants not guilty on the charge of the facts charged in this case on the grounds stated in its reasoning on the grounds that there was no proof of criminal facts. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

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

arrow