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(영문) 대법원 2018.03.29 2017도20181
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the evidence duly admitted, the lower court was justifiable to have rendered a not-guilty verdict on the charge of fraud on May 27, 2014 among the facts charged in the instant case, on the grounds indicated in its reasoning.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, contrary to logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence.

2. On the grounds of the Defendant’s final appeal, the lower court found the Defendant guilty of the instant facts charged (excluding non-criminal part) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the relevant legal doctrine, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the Defendant’s grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence.

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 prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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