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(영문) 대법원 2018.04.12 2018도1557
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court’s determination that Defendant A was guilty of the instant conjunctive charges on the grounds indicated in its reasoning is justifiable.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on functional control of acts and the violation of the Labor Standards Act.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant B’s appeal, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than 10 years is pronounced, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that Defendant B’s punishment is too unreasonable due to the lack of sentence against Defendant B is not a legitimate ground for appeal.

3. 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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