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(영문) 대법원 2017.04.28 2017도3430
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed against Defendant A, which are not timely filed).

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged against Defendant A was guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

In addition, the argument that there is an error in violation of the rules of evidence in the judgment of the court below is 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.

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of the facts charged in this case 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 of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on abuse of public prosecution rights, intent of fraud, intent of unlawful acquisition, and public offering, without failing to exhaust all necessary deliberations

3. 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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