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(영문) 대법원 2018.03.15 2017도19633
배임수재등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have convicted the Defendant of taking property in breach of trust among the facts charged in the instant case on the grounds indicated in its reasoning, and 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 in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by omitting judgment

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, the lower court is justifiable to have found the Defendant guilty of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the most causes of acquisition of criminal proceeds

3. In the instant case where a sentence of imprisonment with prison labor for less than 10 years against the Defendant was imposed, the argument that the lower court’s sentencing was unfair or did not properly examine the various circumstances that constitute the conditions of sentencing cannot be a legitimate ground for appeal.

4. 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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