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(영문) 대법원 2019.01.31 2018도18104
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant AD’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have found Defendant AD guilty on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on probative

In addition, even after examining the records including the materials submitted by Defendant AD with the statement of grounds for appeal, this case cannot be deemed to constitute “when there is any ground for request for retrial” under Article 383 subparag. 3 of the Criminal Procedure Act.

In addition, the argument that the judgment of the court below violated the principle of liability due to incomplete deliberation on the grounds for sentencing constitutes an unreasonable sentencing argument.

However, 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 is allowed

Defendant

In this case where a minor sentence is imposed against AD, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on Defendant C’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have determined that the charge against Defendant C (excluding the part not guilty) is guilty on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, 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 the legal doctrine on conspiracy with

3. On the grounds of appeal by the prosecutor, the lower court, based on its stated reasoning, committed fraud against AD among the facts charged against Defendant C.

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