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(영문) 대법원 2015.05.28 2015도4616

횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below did not combine the defendant with other cases since it belongs to the court's discretion to decide whether to combine the arguments.

Thus, this cannot be considered unlawful.

On the other hand, the court below erred in incomplete deliberation on sentencing conditions.

The argument to the effect that punishment or punishment is too unreasonable is ultimately an argument of unreasonable 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.