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(영문) 대법원 2016.11.24 2016도12890
범죄수익은닉의규제및처벌등에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant A’s grounds of appeal in light of the evidence duly adopted by the court below and the first instance court, the court below is just in finding Defendant A guilty of violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment and Punishment of Criminal Proceeds Concealment for receiving money from AP among the facts charged in the instant case on the grounds as stated in its reasoning. There is no error in the misapprehension of legal principles as to “duty” and “illegal solicitation” in the crime of receiving property in breach of trust by failing to exhaust all necessary deliberations, in violation of logical and empirical rules, and thereby, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant C was guilty on the grounds indicated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of taking property in breach of trust and taking property in breach of trust, and the crime of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to 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 more 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 Defendant C, the argument that the punishment is too unreasonable is not a legitimate

3. As to the grounds of appeal by the prosecutor, the lower court, based on its stated reasoning, received money from the Defendant AT and B among the facts charged in the instant case, and received money from the Defendant A and B.

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