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(영문) 대법원 2015.04.23 2015도3330
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was justified in finding the Defendant guilty of the forgery of private documents and the uttering of private documents among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on changes in indictment, etc.

In addition, the ground of appeal that there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), mistake of facts or misapprehension of legal principles as to the fraud of victims M, V, and T Co., Ltd. among the judgment of the court below, is not a legitimate ground of appeal as it is alleged in the ground of appeal by the defendant as the ground of appeal or by the court below as being subject to judgment

Furthermore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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