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(영문) 대법원 2015.06.24 2015도4895
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which 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 permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing

2. As to the grounds of appeal by Defendant B, the argument that the lower court erred by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on sentencing conditions constitutes the allegation of unfair sentencing

However, 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 this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

3. Examining the reasoning of the lower judgment and the reasoning of the first instance judgment maintained by the lower court in light of the records, it is justifiable for the lower court to have maintained the first instance judgment that acquitted Defendant C of the facts charged in this case on the grounds that there was no proof of crime.

In so doing, contrary to the allegations in the grounds of appeal, the lower court 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 intent of aiding and abetting in the crime of aiding and abetting

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

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