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(영문) 대법원 2016.11.24 2016도15313
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant A was guilty of all of the facts charged in the instant case on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment on Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant B was guilty of all of the facts charged in this case on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and by misapprehending the bounds of the principle

In addition, 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable

3. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found Defendant C guilty of all the charges of this case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine as to

4. Therefore, all appeals are to be filed.

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