A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlements)

A person shall be appointed.

Defendant

Attorney BE (National Assembly Line)

Law Firm BF

Attorney BG, BH, BI, BA, BJ, BK, BL, BM

Law Firm B

Attorney BN, BO

Busan High Court (Chowon) Decision 2015Do278 Decided December 23, 2015

March 24, 2016

The appeal is dismissed.

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

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, by failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine regarding

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less 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 sentencing of the punishment is unfair

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

Justices Lee In-bok

Justices Kim Yong-deok

Justices Kim So-young

Justices Lee Dong-won