logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.06.25 2020도314
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 Prosecutor found Defendant A not guilty of the obstruction of the performance of official duties by fraudulent means, fraud against the Defendants, and attempted fraud.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine regarding the establishment of fraudulent means obstruction of performance,

2. The lower court convicted Defendant A of the violation of the Medical Service Act 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 in its judgment 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 “medical act”, “political act”, and “recognition of illegality

All of the arguments related to the crime of violating the Child Welfare Act (child abandonment), violation of the Child Welfare Act (child abuse), and violation of the Act on the Collection and Use of Donations are asserted by the defendant in the final appeal to the court of final appeal that the defendant did not take the grounds for appeal or have not taken the decision by the court below as the object of

Furthermore, even if examining, there is no such error in the judgment of the court below.

The assertion that there is omission in judgment on the sentencing conditions 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 the defendant A was sentenced to a more minor sentence, the argument that the punishment is unreasonable is not a legitimate ground for appeal.

3. The final appeal by the prosecutor and the defendant A is dismissed in entirety as it is without merit.

arrow