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(영문) 대법원 2015.05.29 2015도4210

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the facts charged in this case were guilty on the grounds as stated in its reasoning is just, and it did not exhaust all necessary deliberations but did not err by misapprehending the legal principles on the calculation of the amount of profit and intent of unlawful acquisition in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

In addition, the argument that the court below erred in the misapprehension of legal principles as to the statute of limitations, such as the suspension of the statute of limitations, is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or not ex officio

Meanwhile, 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 sentencing of the punishment

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