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(영문) 대법원 2018.04.12 2018도2847
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment that found all of the facts charged in the instant case guilty on the grounds stated in its reasoning.

In doing so, 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 free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on trial-oriented principle, common principal offenders in fraud, etc.

In addition, since the adoption of the evidence application or the resumption of the closed argument belongs to the court's discretion, the court below rejected the defendant's application for resumption of the argument after the closure of the argument.

in this case, it is not illegal.

The argument that the judgment of the court below abused the penal authority against the equity with an accomplice in light of the degree of the defendant's participation in the crime is ultimately 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 more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too 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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