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(영문) 대법원 2018.11.29 2018도15118
사기등
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 so doing, contrary to what is alleged in the grounds of appeal, 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

The argument that the lower court erred by deviating from sentencing discretion is ultimately an unreasonable allegation in sentencing.

According to Article 383 (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 is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor sentence is imposed against A, the argument that punishment is too unreasonable is not a legitimate appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal on the grounds of unfair sentencing is allowed.

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. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant D guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the common principal offender in fraud, or by omitting

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by all participating Justices.

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