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(영문) 대법원 2020.06.11 2017도16958
공문서변조교사등
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. As to the grounds of appeal by Defendant A, the lower court upheld the first instance judgment convicting Defendant A of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err 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 establishment, etc. of a principal offender.

2. As to Defendant B’s grounds of appeal, the argument that the lower court erred in imposing an excessive penalty against Defendant B in violation of the principle of equality and the principle of proportionality constitutes 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 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 Defendant B, the argument that punishment is too unreasonable is not a legitimate ground for appeal

3. As to the grounds of appeal by Defendant C, the lower court upheld the first instance judgment convicting Defendant C of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err 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 establishment of a co-principal.

4. 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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