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(영문) 대법원 2015.04.09 2015도332
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below found all criminal facts in the judgment of the court of first instance on the grounds as stated in its reasoning.

The allegation in the grounds of appeal disputing the violation of statutes and the misapprehension of legal principles is merely an error in the judgment of the court of fact-finding on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding.

In addition, even if the grounds alleged in the grounds for appeal are examined in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding double punishment or by exceeding the bounds of the principle of free evaluation of

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 labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that a sentence of imprisonment with labor is unreasonable is not a legitimate ground for appeal.

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

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