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(영문) 대법원 2019.01.17 2018도17921
전자금융거래법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records against Defendant A, while appealed against the judgment of the first instance, Defendant A asserted mistake of facts and misapprehension of legal principles as the grounds for appeal along with unfair sentencing, but withdrawn the grounds for appeal as to mistake of facts and misapprehension of legal principles on the second trial date of the lower court.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

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. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations, and 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 the establishment of joint principal offense committed by using computers, etc., contrary to what is alleged in the grounds of appeal.

In addition, in this case where the punishment of death, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed on Defendant B, the assertion of unreasonable sentencing cannot be a legitimate ground for appeal.

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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