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(영문) 대법원 2017.04.28 2017도3889
횡령
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 by the court below, the court below was justified in finding the changed facts charged of this case guilty on the grounds as stated in its reasoning, and it did not err by misapprehending the legal principles as to the specification of facts charged or by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, contrary to the allegations 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 with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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