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(영문) 대법원 2018.08.01 2018도8439
특정경제범죄가중처벌등에관한법률위반(사기)
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 is justifiable to have convicted Defendant A of the facts charged, for the reasons indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of free evaluation of evidence by violating logical and empirical rules.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant A, the argument that the punishment is too unreasonable 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 is justifiable to have convicted Defendant B of the facts charged on the grounds indicated in its reasoning.

In doing so, there is no violation of law by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the judgment of the court below exceeded the principle of responsibility of the criminal justice due to excessive sentence imposed on Defendant B, and that the court below erred by misunderstanding the legal doctrine is ultimately an unfair argument of sentencing.

Accordingly, under Article 383 subparagraph 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 has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the punishment is too 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.

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