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(영문) 대법원 2018.04.12 2018도2034
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of false entries in the original copy of the fair deed among the facts charged in this case, the exercise of the original copy of the process deed, occupational breach of trust, and fraud (excluding the part of innocence), and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds of its stated reasoning. There is no error in the misapprehension of the bounds of free evaluation principle in violation of logical and empirical rules, or in the misapprehension of the legal principle on the perception

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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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