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(영문) 대법원 2021.01.14 2020도14705
특정경제범죄가중처벌등에관한법률위반(사기)방조등
Text

All appeals are dismissed.

Reasons

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

1. Defendant A affirmed the first instance judgment that found Defendant A guilty of the facts charged in the instant case.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of aiding and abetting, property damage in breach of duty, etc.

2. According to Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the grounds of unfair sentencing only in cases where the death penalty or imprisonment with or without prison labor for life or for not less than ten years was pronounced.

Therefore, in this case where a fine is imposed against Defendant B, the argument that 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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