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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds for the Defendant’s appeal, the lower court found the Defendant guilty of all of the facts charged in the instant case (excluding non-criminal part) on the grounds indicated in its reasoning.
The judgment below
Examining the reasoning of the lower judgment in light of the evidence duly admitted and investigated by the first instance court and the first instance court, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation, or by misapprehending the legal doctrine on the elements for establishing a crime of occupational breach of trust and the calculation of the amount of benefits in a crime of violation of the
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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.
2. On the grounds of the prosecutor’s appeal, the lower court found the Defendant not guilty on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) related to the victim L, among the facts charged in the instant case, as
The judgment below
Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on accomplice, contrary to what is alleged in the grounds of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.