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(영문) 대법원 2018.01.25 2017도18459

업무상배임

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine on occupational breach of trust, or by misapprehending the legal doctrine on occupational breach of trust, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on occupational breach of trust against logical and empirical rules.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in 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 grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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