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(영문) 대법원 2013.12.12 2013도12657
자본시장과금융투자업에관한법률위반
Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are also examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendants guilty of all the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the so-called "competitive trading" under

Meanwhile, 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 Defendants, the argument that the sentencing of the sentence is unreasonable

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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