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(영문) 대법원 2016.03.10 2015도19694
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court was justifiable to have determined that the facts charged in this case against Defendant A was guilty on the grounds stated in its reasoning.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

Defendant

In this case where a more minor sentence is imposed against A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court was justifiable to have determined that the instant facts charged against Defendant B was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules or by misapprehending the legal principles on fraud, without exhausting all necessary deliberations.

3. According to the records on the grounds of Defendant C’s appeal, Defendant C appealed appealed against the judgment of the first instance, and asserted that the sentencing was erroneous, misunderstanding of legal principles, and withdrawal of the grounds of appeal as to mistake of facts and misunderstanding of legal principles on the grounds of the appeal, on the first trial date of the lower court.

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

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

C A more minor punishment is imposed against C.

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