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(영문) 대법원 2018.09.13 2018도10092
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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

Defendant

In this case where a more minor punishment is imposed against A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant B guilty of charges on the grounds indicated in its reasoning. In so doing, 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, without exhaust all necessary deliberations as alleged in the grounds of appeal.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate 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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