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(영문) 대법원 2019.07.24 2019도6304
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. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendants on the grounds that there was no proof of crime regarding the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment among the facts charged against the Defendants (hereinafter “the Act on Regulation of Criminal Proceeds Concealment”) and habitual fraud.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the interpretation of “where the value of goods or property gains is at least KRW 300 million but less than KRW 500 million” as prescribed in subparagraph 1(o) of attached Table 1 of the Regulation on Regulation of Criminal Proceeds Concealment Act

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

2. As to the grounds of appeal by the Defendants, the argument that the lower court erred by violating the principle of balanced punishment or the principle of responsibility constitutes an allegation of unfair sentencing.

However, 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 on the grounds of unfair sentencing

In this case where a more minor punishment is imposed against the Defendants, the argument that the amount of punishment is unreasonable is not a legitimate ground 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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