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(영문) 대법원 2019.05.10 2019도3819
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. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but 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 co-principals, the number of crimes of fraud, the time when the crime of fraud is established, the admissibility of protocol in which co-defendants’ statements are stated, and by omitting

In addition, 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

Defendant

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

2. As to the Defendant B’s grounds of appeal, the lower court found Defendant B guilty of the instant facts charged (excluding the part of acquittal of the disposition) on the grounds indicated in its reasoning

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders

Defendant

B argues that the lower court’s sentence is too excessive, and that limiting the cases in which Article 383 subparag. 4 of the Criminal Procedure Act may serve as the grounds for appeal of unfair sentencing violates the constitutional provisions that stipulate the right of citizens to be tried by the Supreme Court.

However, the Criminal Procedure Act limiting the grounds of appeal on the grounds of unfair sentencing.

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