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(영문) 대법원 2014.07.10 2014도5392
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court is justifiable to have determined that the first instance court was guilty of violating the Community Credit Cooperatives Act among the facts charged in the instant case (excluding the acquittal portion) and of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Acceptance of Property, etc.) on the grounds as stated in its reasoning, and 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.

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