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(영문) 대법원 2019.09.26 2019도9365
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court found Defendant A guilty of the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on the intent and intent of deception and deception in fraud.

2. The lower court found Defendant N guilty of the part of the facts charged against Defendant N with respect to Defendant N’s fraud.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of deception and deception in fraud.

The assertion that the lower court erred by misapprehending the legal principles on the basic facts of sentencing, the hearing of sentencing, and the method of determining sentencing constitutes an allegation of unfair sentencing.

According to 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 is imposed, an appeal may be filed on the ground

Therefore, in this case where Defendant N was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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