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(영문) 대법원 2018.03.27 2018도1543
업무상배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court was justifiable to have determined that the facts charged in this case against Defendant A was guilty on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending relevant legal principles.

2. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of Defendant B’s appeal, the court below was justified in holding that the facts charged in this case against Defendant B is guilty on the grounds as stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending relevant legal principles.

According to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor punishment is imposed against B, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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