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(영문) 대법원 2013.10.11 2013도10042
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles or by applying the statutes cannot be a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

In addition, the argument that the court below's sentencing violated the essential contents of the principle of balanced punishment or the principle of responsibility is ultimately an unfair sentencing argument. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is declared, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence is declared against the defendant, the above argument to the same purport is not a legitimate ground for

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

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