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(영문) 대법원 2017.09.21 2017도10337
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court’s determination that Defendant A was guilty on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intent of unlawful acquisition, connection with persons, and application of statutes in

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.

2. Examining the reasoning of the lower judgment as to the prosecutor’s grounds for appeal in light of the relevant statutes and legal principles, it is justifiable to maintain the first instance judgment that acquitted Defendant B of the facts charged in the instant case on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there were no errors by misapprehending the provisions of both punishment and the legal principles on status offenders under Article 34 of the Environmental Examination and Inspection Act.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of objection against the petition of appeal or the reasoning of appeal.

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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