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(영문) 대법원 2016.05.27 2016도4816
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of occupational embezzlement among the facts charged in the instant case on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, the court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only when a death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced. Thus, the argument that a sentence is unreasonable due to the failure of a defendant's punishment is not a legitimate ground for appeal.

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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