업무상배임
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court that maintained the reasoning, it is justifiable to maintain the first instance judgment convicting the Defendant of the instant facts charged.
In doing so, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on mistake.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years
Therefore, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.
Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.