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(영문) 대법원 2017.05.31 2017도4315
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court was justifiable to have determined that the facts charged in this case against Defendant A was guilty on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders, etc.

Meanwhile, the argument that the lower court’s determination of sentencing contains an error of law beyond the limit of discretion in sentencing is ultimately an unfair argument of 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

In this case where a more minor punishment is imposed against A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court was justifiable to have determined that the instant facts charged against Defendant B was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the judgment of admissibility, fraud, deception, joint principal offender, modification of indictment, etc.

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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