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(영문) 대법원 2021.02.25 2020도17449
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds for appeal by Defendant B and Defendant E, the lower court convicted Defendant B and Defendant E of the charges on the grounds stated in its reasoning.

Examining 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 against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a joint principal offender, or omitting judgment, contrary to what is alleged in the grounds of

The argument that the lower court erred in violation of the principle of insufficient deliberation, mistake of facts, and accountability on the sentencing conditions is ultimately an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

Defendant

B The assertion that in this case where Defendant E was sentenced to a more minor sentence than that of Defendant E, the punishment is too unreasonable cannot be a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant F’s appeal, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal may be filed on the grounds of unfair sentencing.

Defendant

In this case where F is sentenced to a more minor sentence than F, the argument that the sentence is too unreasonable is not a legitimate appeal.

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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