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(영문) 대법원 2016.02.18 2015도20139
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine as to the causal relation in fraud.

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 minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of the facts charged in this case on the grounds indicated in its reasoning, and there was no error of law by misapprehending the legal principles as to the public offering principal offender or the succeeding joint principal offender, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below did not take the fact of self-denunciation as legal grounds for mitigation is erroneous in the omission of judgment as to the allegation that it is erroneous in sentencing.

However, 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 not less than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Therefore, the argument that the determination of a sentence is unfair is legitimate in this case where a minor sentence is imposed against Defendant B.

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