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(영문) 대법원 2017.07.11 2017도43
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the argument that the lower court erred by misapprehending the legal doctrine as to collection or by misunderstanding of facts in the judgment of the lower court is erroneous, is not a legitimate ground for appeal, since the Defendant’s ground of appeal or the lower court’s decision did not make it subject to adjudication

In addition, the argument that the defendant's sentence of imprisonment, which is not a fine, is nothing more than an unfair argument of sentencing.

However, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair does

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to reverse the first instance judgment convicting Defendant C on the ground that there was no proof of the relevant crime regarding the fraud, attempted fraud, fabrication of private documents, and the use of the above investigation documents among the facts charged against Defendant C and the facts charged against Defendant A, and to find the Defendant not guilty on the grounds of its stated reasoning

In doing so, there were no errors by violating the rules of evidence or by misapprehending the legal principles on Article 316(1) of the Criminal Procedure Act.

3. 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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