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(영문) 대법원 2015.10.15 2015도11565
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds of appeal by Defendant A and B, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where Defendant A and B were sentenced to a more minor punishment, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant E’s grounds of appeal, the lower court is justifiable to have determined that all of the facts charged against Defendant E constituted the crime of violation of logical and empirical rules and the principle of free evaluation of evidence, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on the crime of violation of Article 43 subparag. 4 and Article 44 subparag. 5 of the former Public Notice of Values and Appraisal of Real Estate Act (amended by Act No. 11690, Mar. 23, 2013).

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