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(영문) 대법원 2016.01.28 2015도18148
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by defense counsel after the lapse of the period for appeal).

1. Examining the reasoning of the lower judgment as to Defendant C’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that all of the charges of this case against Defendant C was found guilty on the grounds indicated in its reasoning is justifiable, and 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

2. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that all of the charges of this case against Defendant D were guilty on the grounds indicated in its reasoning. In so doing, 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

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. As such, in this case where a minor sentence is imposed against Defendant D, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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