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(영문) 대법원 2018.02.28 2017도20266
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and C’s grounds for appeal in light of the evidence duly admitted, the lower court’s determination that Defendant A and C was guilty on the grounds indicated in its reasoning is justifiable.

In doing so, there is no error of misapprehending the legal principles as to the establishment of a joint principal offender, such as fraud, willful negligence, and joint principal offender, by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is justifiable to reverse the judgment of the court of first instance which found Defendant B guilty of the charges of this case on the grounds that there is no proof of crime, and to render the judgment of the court below not guilty of Defendant B

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the limit of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to willful negligence or joint principal offenders of public offering.

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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