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(영문) 대법원 2020.04.29 2020도2371
증거인멸교사등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A and C, the lower court upheld the first instance judgment convicting Defendant A and C of the facts charged (excluding the portion not guilty) on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 commission of destruction of evidence, concealment of evidence, destruction of evidence, establishment of the crime of concealment of evidence, or distinction between the

2. As to Defendant B’s grounds of appeal, the allegation that the lower judgment erred by exceeding the bounds of the principle of free evaluation of evidence on the premise of sentencing constitutes the allegation 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, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable is not

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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