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(영문) 대법원 2015.11.12 2015도9815

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only 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 ground that the judgment of the court below had affected the judgment. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that only the fact-finding of the court below is not a legitimate ground for appeal, without a specific assertion as to

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