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(영문) 대법원 2015.04.23 2015도2008
컴퓨터등사용사기방조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant H in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that each of the charges of this case against the above Defendant was 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 relevant legal principles without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, the argument that the court below exceeded the inherent limits of sentencing discretion by failing to properly examine the circumstances attached to sentencing, is ultimately an allegation of unfair sentencing.

However, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the above defendant, the above purport of the

2. As to the grounds of appeal by Defendant K, the summary of the grounds of appeal is that the judgment of the court below is unlawful, since the court below judged Defendant guilty by finding wrong facts in violation of the rules of evidence, although the above Defendant did not have participated in the crime of this case as stated in the facts charged.

However, since the fact finding and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the limit of the principle of free evaluation of evidence, the argument in the grounds of appeal is not acceptable, since there is no reason to deem that the court below exceeded the limit of the principle of free evaluation of evidence

3. As to the grounds of appeal by the prosecutor, the lower court is based on its stated reasoning.

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