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(영문) 대법원 2017.12.28 2017도15397
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment by Defendant A in light of the evidence duly admitted by the lower court and the first instance court, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the burden of proof and admissibility of evidence.

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

In such a case, the allegation that the lower court erred by mistake or by misapprehending the legal doctrine is not a legitimate ground of appeal.

In addition, the ground of appeal that the defendant's defense right was infringed is not acceptable in light of the investigation and trial process revealed in the records.

The allegation that the lower court erred by misapprehending the legal doctrine on the method of sentencing review and sentencing determination is ultimately an unfair allegation in sentencing.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that sentencing is unfair is not a legitimate ground for appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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