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(영문) 대법원 2015.06.24 2015도3216
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all of the charges charged against Defendant A were admitted. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the rules of logic and experience and exceeding the bounds of the principle of free evaluation

In addition, the court below violated the principle of balanced criminal punishment or the principle of accountability in sentencing.

The assertion that there is an error of incomplete deliberation on sentencing constitutes an allegation of unfair sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that the amount of punishment is unreasonable is not

2. Examining the reasoning of the lower judgment as to Defendant B and C’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all the charges charged against Defendant B and C were admitted. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine

3. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court acquitted the Defendants on the charge of occupational breach of trust, which is the primary charge against the Defendants, for the reasons indicated in its holding.

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