beta
(영문) 대법원 2016.06.23 2016도5279

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

The argument that the judgment of the court below contains an error of law in the misapprehension of legal principles as to the method of sentencing review and sentencing determination is ultimately unfair.

Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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