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(영문) 대법원 2014.09.25 2014도7925
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where a more minor sentence is imposed against Defendant A, the argument that the amount of punishment is unreasonable is not legitimate

2. According to the records on Defendant C’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

3. Examining the evidence of Defendant J’s ground of appeal duly adopted and examined by the lower court and the first instance court, the lower court’s determination that the charges of this case against Defendant J were guilty on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err 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

4. 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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