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(영문) 대법원 2018.09.13 2018도9349
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding Defendant B’s grounds for appeal, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced, an appeal may be filed on the grounds of unfair sentencing.

Defendant

In this case where a more minor punishment is imposed against B, the argument that the amount of punishment imposed is unreasonable or a fine is imposed in installments is not a legitimate ground for appeal.

2. The court below reversed the judgment of the court of first instance which found the Defendants guilty on the grounds that there was no proof of crime as to the facts charged of this case (excluding the guilty part against Defendant B) against the Defendants on the grounds of the prosecutor’s appeal, and sentenced the Defendants not guilty.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the principle of court-oriented trials and substantial direct deliberation, and the establishment of fraud.

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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