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(영문) 대법원 2017.12.13 2017도15507
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment among the modified facts charged in the instant case 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. Examining the reasoning of the judgment of the court below in light of the records, the court below reversed the judgment of the court of first instance which found the defendant guilty and found the defendant not guilty as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the modified facts charged in this case on the grounds as stated in its reasoning and is just in accordance with the purport of the judgment of remand, and it did not err by misapprehending the legal principles as to the establishment of illegal cause and embezzlement,

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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