beta
(영문) 대법원 2013.11.14 2013도7596

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding that the facts charged around December 1, 2005 and the remaining facts charged constitute an inclusive crime among the facts charged in this case, and it did not err by misapprehending the legal principles on the statute of limitations, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to 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 more 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 amount of punishment is unreasonable

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