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(영문) 대법원 2013.06.27 2013도4610
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that each of the facts charged in this case was guilty on the grounds as stated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine on “the status of custody of another’s property” in embezzlement or by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

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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