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(영문) 대법원 2013.09.13 2013도7715
유가증권위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the prosecutor's grounds of appeal in light of the records, the court below is justified in finding that there is no proof of the crime as to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) concerning the charge of KRW 1 billion against Defendant A and D among the charged facts of this case and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Acceptance, etc.) concerning KRW 1 billion pledge against Defendant C, and it is not erroneous in the misapprehension of the law of logic and experience and free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendants guilty of the instant facts charged (excluding the part not found the Defendants not guilty in the original trial) against Defendant A and D on the grounds indicated 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 legal doctrine on joint principal offenders or by misapprehending the legal doctrine on the

Meanwhile, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in each case where a more minor sentence has been imposed against the Defendants, the argument that the amount of punishment is unreasonable is not

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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