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(영문) 대법원 2018.01.25 2017도16208
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant D and E’s grounds for appeal in light of the evidence duly admitted, the lower court’s determination that Defendant D and E were guilty of all of the facts charged in the instant case on the grounds indicated in its reasoning is justifiable.

In contrast to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the burden of proof and the legal doctrine on

2. Examining the reasoning of the lower judgment on the grounds of Defendant J’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant J guilty of this case’s facts charged (except for the part without charge) on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, contrary to logical and empirical rules, exceeding the bounds of the principle of free

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 Defendant J rendered a minor sentence, the argument that the determination of punishment is unfair is not a legitimate ground for 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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