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(영문) 대법원 2018.09.13 2018도10070
사문서위조등
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, the lower court is justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds indicated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of forging private documents, the crime of forging falsified documents, and fraud, without exhausting all necessary deliberations, as alleged in the grounds of appeal.

In addition, the issue of whether to adopt the application for examination of evidence and whether to resume closed pleadings falls under the court's discretion (see, e.g., Supreme Court Decisions 2003Do3282, Oct. 10, 2003; 2014Do1414, Apr. 24, 2014). The lower court rejected the Defendant's application for examination of evidence or rejected the Defendant's application for resumption of pleadings after the closure of pleadings.

in this case, it is not illegal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence 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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