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(영문) 대법원 2017.08.18 2017도7322
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged.

The lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and 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 intention of fraud and the intention of defraudation.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The gist of the grounds of appeal by the prosecutor is that the court below erred in the judgment below since the court below found Defendant B guilty of the facts charged in this case on the basis of the evidence submitted by the prosecutor, although the court below found Defendant B guilty of the facts charged in violation of the rules of evidence.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The allegation in the grounds of appeal is not a legitimate ground of appeal, because it contests the recognition of facts belonging to the exclusive authority of the court below.

3. Conclusion, Defendant A and the Prosecutor’s final appeal are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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