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(영문) 대법원 2016.06.23 2016도5094
사기등
Text

All appeals are dismissed.

Reasons

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal based on unfair sentencing is permitted. As such, in the instant case where Defendant A was sentenced to a more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Defendant B’s grounds of appeal (any statement in writing submitted after the deadline for appeal was not timely filed to the extent of supplement in case of the grounds of appeal) shall be proved to the extent that there is no reasonable doubt as to the recognition of facts constituting an offense (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, acknowledged the first instance judgment convicting Defendant B of facts constituting an offense in the first instance judgment, and rejected the allegation of the grounds of appeal by mistake of facts or misapprehension of legal doctrine

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination as to the choice of evidence and probative value, which belong to the free judgment of the fact-finding court, and even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles, and evidence duly admitted, the lower court did not err in its judgment beyond

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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