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(영문) 대법원 2019.07.25 2019도4962
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated 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 against logical and empirical rules, failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on the identity of the facts charged or acquittal judgment, and the establishment of occupational embezzlement.

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 A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of the facts charged against Defendant B (excluding the part not guilty in the grounds of appeal) on the grounds indicated 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 misapprehending the legal doctrine on the identity of the facts charged or the grounds for acquittal judgment.

The argument that the lower court erred by violating the principle of balanced criminal punishment and the principle of accountability is ultimately an unreasonable sentencing argument.

However, 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 is allowed.

Defendant

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

3. As to the grounds of appeal by Defendant C, D, E, F, and G, the lower court convicted Defendant C, D, E, F, and G of the facts charged, for reasons indicated in its reasoning.

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