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(영문) 대법원 2017.04.26 2017도2576
사문서위조등
Text

All appeals are dismissed.

Of the case names of the judgment of the court below, “a forgery of private document” shall be deemed to be a forgery of the private document.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, the appeal on the grounds of an unfair sentencing is permitted only in cases where the death penalty or imprisonment with or without prison labor for life or for not less than ten years is pronounced

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, the lower court was justifiable to have acquitted all of the facts charged, on the grounds stated in its reasoning, of not guilty on the preparation of private documents and the exercise of private documents prepared for qualification solicitation, which are the modified

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the violation of the rules of logic and experience, thereby exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the said rules.

3. Therefore, all appeals are dismissed. Since there is an obvious error in the indication of the name of the case among the entries in the judgment below, they are corrected. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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