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(영문) 대법원 2017.06.15 2017도4853
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court, on the grounds as indicated in its reasoning, took part in the crime of Bosing fraud as a joint principal offender.

Recognizing that the first deliberation decision as set forth by the person was justifiable, the defendant's appeal as to the mistake of fact is not accepted.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that form the basis of such judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles regarding the joint principal offender in fraud and the specification of facts charged, or by exceeding the bounds of free

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

In addition, pursuant to 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 may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence 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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