logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.10.17 2019도10592
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s appeal, Defendant A did not submit the appellate brief within the submission period, and Defendant A did not state the grounds for appeal in the petition of appeal.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged against Defendant B (excluding the part not guilty in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of occupational embezzlement and the calculation of the amount of embezzlement.

3. As to the Defendant C’s grounds of appeal, the lower court convicted Defendant C of the facts charged on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 the legal doctrine as to the establishment of the crime of interference with business and the crime of failed omission, etc., Defendant C’s defense right infringement or omission of judgment, lack of reasoning, and failure of reasoning.

According to Article 383 subparagraph 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, an appeal on the grounds of unfair sentencing

Defendant

In this case where a minor sentence is imposed against C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow