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(영문) 대법원 2016.05.12 2016도2791

배임증재

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below as to Defendant A’s grounds for appeal, the court below was just in finding Defendant A guilty of the facts charged of this case on the basis of the legal principles and fact-finding as stated in its holding, and there was no error by misapprehending the legal principles on the re-violation of breach of trust,

2. According to the reasoning of the judgment below on the grounds of Defendant B’s appeal, the court below was just in finding Defendant B guilty of the facts charged in this case on the basis of the legal principles and fact-finding as stated in its holding, and there was no error by misapprehending the legal principles on the crime of taking property in breach of trust, illegality

In addition, pursuant to 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 not less than ten years is imposed, an appeal is permitted based on unfair grounds for sentencing. Thus, the argument that the determination of punishment is unfair is not a legitimate ground for appeal in this case where the above defendant was sentenced to minor punishment.

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