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(영문) 대법원 2020.07.23 2020도6119
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the judgment of the first instance that acquitted the Defendant of the fraudulent aiding and abetting part regarding D on the grounds as indicated in its reasoning, and convicted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on aiding and abetting, undercovering, arresting flagrant offenders, and illegally collecting evidence

According to the records, the defendant appealed on the part of the judgment of the court of first instance which was found guilty, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of misunderstanding of facts or misunderstanding of legal principles as to the forgery of official document, each fraud, and the uttering of forged official document is not a legitimate ground for appeal.

In addition, according to 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be 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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