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(영문) 대법원 2018.05.15 2018도1072
사기미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparagraph 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, an appeal may be filed on the grounds that the judgment has influenced the conclusion of the judgment, or that the amount of the punishment is extremely unfair, for the reason that there is a substantial mistake in the fact, or that there is a significant reason to recognize that the punishment has been extremely unfair.

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the acknowledgement of facts and the selection of evidence without specific grounds for violation of the law of the court below is not a legitimate ground for appeal, and the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court of first instance that acquitted the prosecutor on the ground that there was no proof of crime regarding the alteration of private documents, the exercise of falsified documents, and attempted fraud among the facts charged in the instant case, based on the reasons stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the meaning of alteration in a crime of altering private documents, application of fraud in litigation, etc.

3. 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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