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(영문) 대법원 2019.05.10 2018도20199
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment convicting the instant facts charged on the grounds stated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles regarding embezzlement, embezzlement, intent of embezzlement, intent of unlawful acquisition, etc., beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or omitting necessary judgment.

In addition, pursuant 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 more 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 on the defendant, the argument that the punishment is too unreasonable cannot be

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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