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(영문) 부산고등법원 2016.11.23 2016노616
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that from the date of this judgment.

Reasons

1. Of the facts charged in this case, the court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) stated in the attached Table 10 Nos. 4 through 6, 8, 9, 11, 12, list 11 and 12, list 13, list 13, list 13, list 13 through 12, 16 through 18, 21, and 29, list 6 through 9, list 10, list 10, list 10, list 13, list 13 through 15, 19, and list 20 in the judgment of the court below (Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) in the judgment of the court below, and found the defendant not guilty of the remainder of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Article 125).

On the other hand, only the defendant appealed the part of conviction, and the prosecutor did not appeal the part of innocence and dismissal of prosecution, so the aforementioned part of innocence and dismissal of prosecution was relieved of the object of trial by the party from the object of attack and defense between the parties.

Therefore, the scope of this court's trial is limited to the facts charged by the court below.

2. Summary of grounds for appeal;

A. Of the facts charged in this case, there is no fact that the Defendant was involved in the above loan because the part of the loan specified in the attached Table 6 of the crime sight table in the judgment of the court below among the facts charged of mistake of facts or misapprehension of legal principles, and the Defendant did not support the crime of violation of the Act on the Aggravated Punishment

B. The sentence of the lower court’s sentence on the Defendant of unreasonable sentencing (one year of imprisonment with prison labor, four years of suspended sentence, etc.) is too unreasonable.

3. Determination

A. The grounds for appeal for ex officio determination

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