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(영문) 대법원 2013.12.12 2013도6981
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant C).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to find the Defendants guilty of all the charges of this case (excluding the part on which the court below acquitted the Defendants of the charge) on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by violating the principle of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the principle of clarity and adequacy of the principle of no punishment without the law, or by misapprehending

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the Defendants, the allegation of unfair sentencing that the judgment of the court below did not examine the conditions of sentencing

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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