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(영문) 대법원 2016.06.23 2015도20418
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendants were guilty of violating the Act on Special Measures for the Control of Public Health Crimes among the instant facts charged against the Defendants on the grounds stated in its reasoning. In so doing, contrary to what is alleged 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 misapprehending the legal doctrine on the burden of proof for conviction and the functional control of

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the Defendants.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance which found the defendant guilty on the ground that there is no proof of the crime as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes among the facts charged in the instant case, and to find the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of

3. 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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