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(영문) 대법원 2016.07.27 2016도6590
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant B’s appeal in light of the evidence duly admitted and investigated by the court below, the court below was just in finding Defendant B guilty of all of the facts charged in this case on the grounds stated in its reasoning, and there was no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on conspiracy and fraud, contrary to what is alleged in the grounds of

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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, in this case where Defendant B was sentenced to a minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. As to the grounds for Defendant A’s appeal, the argument that there was a mistake of facts or a lack of trial as to the basic facts for sentencing, or that the sentencing of the lower court violates the principle of supplement because the sentencing is too excessive constitutes an unfair argument in sentencing.

Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant A was sentenced to minor punishment 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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