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(영문) 대법원 2020.08.27 2020도7557
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court upheld the first instance judgment convicting Defendant A of each of the charges described in Articles 2, 4, 5, and 10 of the facts constituting an offense in the judgment of the first instance.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of fraud.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be

2. According to the records on Defendant B’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

The argument that the judgment of the court below contains an error of incomplete deliberation on basic facts for sentencing is ultimately an allegation of unfair sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable cannot

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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