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(영문) 대법원 2020.11.12 2020도11332
특정경제범죄가중처벌등에관한법률위반(횡령)등
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).

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground of unfair sentencing only in cases where the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed.

Therefore, in this case where Defendant CX was sentenced to a more minor sentence, the argument that punishment is unreasonable is not a legitimate ground for appeal.

2. The lower court convicted Defendant DI of the facts charged against Defendant DI.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Wastes Control Act

3. The lower court found Defendant B guilty of attempted fraud among the charges against Defendant B.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the commencement of commission in the crime of attempted

The allegation that there was an error of finding proximate causal relation in the attempted fraud by the lower court is not a legitimate ground for appeal, since Defendant B’s assertion that it was the ground for appeal or that it was not subject to an ex officio determination by the lower court.

As seen above, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been pronounced may be appealed on the ground of unreasonable sentencing.

Therefore, in this case where a more minor sentence is imposed on Defendant B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

4. The Defendants’ final appeal is with merit.

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