특정경제범죄가중처벌등에관한법률위반(횡령)
The appeal is dismissed.
The grounds of appeal are examined.
On the grounds indicated in its reasoning, the lower court convicted the Defendant of the facts charged in this case (excluding the part where the lower court judged the Defendant not guilty of reasoning). Examining the records and evidence, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the relevant legal doctrine, or omitting judgment, contrary to what is alleged in the
In addition, the argument that the judgment of the court below is erroneous in incomplete deliberation on the sentencing conditions is the argument of unfair sentencing.
However, 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.