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(영문) 대법원 2017.03.30 2017도48
사문서위조등
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged of violation of Article 109 subparag. 1 of the Defense Act and violation of Article 112 subparag. 1 of the Defense Act among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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 interpretation and application of Articles 109 subparag. 1 and 112 subparag.

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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