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(영문) 대법원 2016.09.08 2016도9657

배임수재등

Text

All appeals are dismissed.

Reasons

1. Defendant A's grounds of appeal are 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 Defendant A guilty of all the charges of this case on the grounds as stated in its reasoning, and there is no error of law by violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence.

In addition, the argument that the judgment of the court below deviates from the discretionary power of sentencing constitutes the argument 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 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 against Defendant A, the argument that the amount of punishment is unreasonable is not

2. We examine Defendant B, C, and D’s appeal.

Defendant

B, C, and D did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not contain any information in the grounds for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.