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(영문) 대법원 2018.01.25 2017도15490
식품위생법위반등
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 was justifiable to have found Defendant A guilty on the grounds indicated in its reasoning.

In contrast to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding deception and fraud, fraud and fraud amount, conspiracy relation, similar receiving act, double indictment and the principle of absence of one company in the joint principal offender, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

2. On the grounds of appeal by the remaining Defendants, the lower court found Defendant F, G, I, and J guilty of all the facts charged (except for the portion without charge) on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the 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 relevant legal doctrine, without exhaust all necessary deliberations.

Meanwhile, under Article 383 subparag. 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 has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant J rendered a minor sentence, the above Defendant’s assertion that the determination of punishment is unfair is not legitimate grounds for 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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