logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.04.12 2018도1652
허위공문서작성등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found Defendant C guilty of the instant facts charged, and there was no error of misapprehending the legal doctrine regarding the crime of preparation of false official document, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below which takes facts unrelated to the facts charged as sentencing guidelines is erroneous in violation of the principle of statutory punishment is ultimately unfair in sentencing.

Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant C was sentenced to minor punishment is not a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant D, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without labor for an indefinite term or for not less than ten years has been pronounced.

Therefore, in this case where Defendant D was sentenced to a more minor punishment, the argument that the court below erred by misapprehending the legal principles on the evidence and probative value of evidence or by misapprehending the legal principles, or by misapprehending the legal principles on the premise of facts different from the facts acknowledged by the court below is not a legitimate appeal.

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

arrow