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(영문) 대법원 2015.02.26 2014도17362
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that Defendant A’s ground of appeal contains errors in mistake of facts, incomplete deliberation, and misapprehension of legal principles as to the grounds for sentencing constitutes the allegation of unfair sentencing.

However, 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 the punishment

The allegation in the grounds of appeal that there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the victim Z, AC, AI,Y, and G, and that there is an error of law in mistake of facts, incomplete deliberation, or misunderstanding of legal principles as to fraud, etc. as to each fraud, among the claims in the grounds of appeal, is not legitimate grounds of appeal since the defendant considered it as the grounds of appeal or the court below did

Furthermore, even if examining ex officio, the lower court did not err as otherwise alleged.

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence adopted by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of all the charges of this case (excluding the part not guilty in the first instance court) on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending

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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