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(영문) 대법원 2018.07.24 2018도7591
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant D of the charges on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor punishment is imposed against D, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found Defendant A guilty on the ground that there was no proof of a crime regarding Defendant A’s attempted fraud and attempted fraud among the instant facts charged, and sentenced Defendant A not guilty.

In light of the relevant legal principles and records, the above determination by the court below is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by violating the rules of evidence, violating the principle of court-oriented trials and the principle of direct psychological review, and by misapprehending the legal principles on the recruitment in common principals

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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