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(영문) 대법원 2015.03.26 2015도572
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, 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. Thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable for the lower court to reverse the first instance judgment and not guilty on the grounds that there is no evidence of crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged against Defendant A and Defendant B, for the reasons indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle

On the other hand, the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the entire judgment of the court below, but did not submit the grounds 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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