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(영문) 대법원 2017.03.16 2017도96
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of the appeal.

In such a case, the argument that the court below erred in the violation of the rules of evidence or the failure of examination is not a legitimate ground for appeal.

2. According to the records on the grounds of Defendant C’s appeal, Defendant C appealed appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of the appeal.

In such a case, the argument that the court below erred in the violation of the rules of evidence or the failure of examination is not a legitimate ground for appeal.

3. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable for the lower court to have found Defendant D guilty of the charges of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine on the re-violation of breach of trust.

4. As to Defendant E’s appeal, the court of final appeal may investigate and determine only to the extent of filing an appeal based on the grounds of appeal, the grounds of appeal should clearly state the grounds of appeal in its reasoning of violation of law and regulations.

Therefore, it cannot be deemed that a legitimate ground of appeal has been submitted unless the reason for appeal is specifically and explicitly stated in the statement of reason for appeal.

Defendant

E did not submit a written reason for appeal within the submission period, and only stated the “misunderstanding of legal principles” in the petition of appeal, but did not clearly state the specific reason for violation of law in the judgment below. Thus, the legitimate reason for appeal is justified.

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