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(영문) 대법원 2019.08.14 2019도7839
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of larceny among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The argument that the lower judgment did not fully consider the grounds for sentencing is ultimately an unreasonable sentencing argument.

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 more 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 defendant, the argument that the punishment is too unreasonable is not a legitimate

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that the part concerning the forgery of a private signature and the exercise of a private signature related to the confirmation of the investigation process among the facts charged of this case constituted a crime and acquitted the Defendant

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the forgery of private documents, the uttering of private documents, the forgery of private signature, and the use of private signature.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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