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(영문) 대법원 2017.01.12 2016도17876
위증교사
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of grounds of appeal not timely filed).

1. Examining the reasoning of the judgment below as to Defendant B’s grounds for appeal in light of the evidence duly admitted by the court below, the court below was just in finding Defendant B guilty of all of the facts charged in this case on the grounds stated in its judgment, and there was no error of misapprehending the legal principles regarding the facts beyond the bounds of free evaluation of evidence in violation of logical and empirical rules, as alleged in the grounds of appeal.

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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that Defendant D was guilty on the grounds indicated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine on Article 31(1) of the Criminal Act, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below erred by mistake of facts as to the premise for sentencing and by violation of the law is ultimately an unfair argument for sentencing.

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, in the case where the defendant was sentenced to a more minor punishment, the sentence shall be

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