beta
(영문) 대법원 2016.12.15 2014도15464

업무상횡령

Text

All appeals are dismissed.

Reasons

The 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 charges of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

In addition, the argument that the judgment of the court below erred by misapprehending the legal principles on the method of sentencing review and sentencing determination falls under the allegation of unfair sentencing. Accordingly, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case 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 ground of unfair sentencing is allowed. As such, the argument that the sentencing determination of the sentence is unfair is not legitimate

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