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(영문) 대법원 2018.08.01 2018도7902
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the first instance that found Defendant B and C guilty of the charges, and found Defendant B and C guilty of the charges on the grounds that there is no proof as to the Defendants conspired to commit an offense with Defendant A with regard to the facts charged that the Defendants conspired to receive KRW 200 million among the facts charged in the instant case, and found Defendant B and C guilty of only the charges included in the above charges, and found Defendant B and C guilty of the charges, and acquitted Defendant B and C of the charges on the grounds

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, an appeal may be filed on the ground that the judgment of the court below was affected by grave mistake of facts, only in the case where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in this case where a more minor sentence is imposed on Defendant A, the argument that the lower court simply contests the recognition of the facts without a specific assertion on the grounds of violation of law, etc. of the lower judgment is not a legitimate ground for appeal.

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

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