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(영문) 대법원 2014.07.24 2014도5805
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that all of the charges of this case against the above Defendant were guilty. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 above defendant, the argument that the amount of punishment is unreasonable

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have found Defendant B guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

In addition, the argument that there was no intention of breach of trust as to occupational breach of trust among the charges of this case against the above defendant is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the above defendant did not regard it as grounds for appeal or that the court below did not consider it as subject to judgment

3. The reasoning of the lower judgment on the grounds of appeal by the prosecutor is recorded.

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