업무상횡령등
The appeal is dismissed.
The grounds of appeal are examined.
According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.
In such a case, the argument that the lower court erred by mistake of facts or incomplete hearing cannot be a legitimate ground for appeal.
Furthermore, even if examining records, the lower court did not err in its judgment 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 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 the defendant, the argument that the sentencing of the
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.