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(영문) 대법원 2019.07.25 2019도6915
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

Examining the relevant legal principles and evidence duly admitted, 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 impossible crimes in the crime of forging private documents, by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, in the crime

In addition, according to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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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