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(영문) 대법원 2013.08.22 2013도7720

특정경제범죄가중처벌등에관한법률위반(횡령)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts as well as unreasonable sentencing as the grounds for appeal, but withdrawn the grounds for appeal, such as mistake of facts, etc. during the first trial of the lower court, and left the grounds for appeal only as the grounds for

In this case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below shall not be a legitimate ground for appeal.

In addition, 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 defendant, the argument that the amount of punishment is unreasonable

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