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Cases
Do 2016 Do 2791 A. Property in breach of trust
(b) Dried trees;
Defendant
1. A.
2. B
Appellant
Defendant 1
Defense Counsel
Law Firm C (Attorney AP, D, and E (Defendant A)
Attorney BG (Defendant B’s national ship for Defendant B)
Judgment of the lower court
Seoul High Court Decision 2015No 2320 decided January 29, 2016
Imposition of Judgment
May 12, 2016
Text
all appeals shall be dismissed.
Reasons
The grounds of appeal are determined.
1. According to the reasoning of the original judgment as to Defendant A’s grounds for appeal, the original judgment is justifiable to determine Defendant A guilty of the facts charged of the instant public prosecution on the grounds of the legal principles as stated in the judgment below and the acknowledgement of facts. There is no error of misapprehending the legal principles as to re-violation of breach of trust, recognition of illegality, and abuse of public prosecution rights.
2. According to the reasoning of the original judgment as to Defendant B’s grounds for appeal, the original judgment is justifiable to determine Defendant B guilty of the facts charged in this case on the grounds of the above legal principles and factual recognition as stated in the judgment. There is no error of misapprehending the legal principles as to the crime of taking property in breach of trust, the recognition of illegality, and the abuse of public prosecution rights.
Furthermore, according to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case of death penalty, life imprisonment, imprisonment with or without prison labor for more than ten years, or imprisonment with or without prison labor, a final appeal against the above defendant for the reason of unfair sentencing is allowed. Thus, the argument that the above defendant's judgment of punishment is unfair in the instant case sentenced to a more minor punishment cannot be a legitimate ground for final appeal.
3. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jae-young
Justices Kim Yong-deok
Justices Lee In-bok
Justices Kim So-young
Chief Justice Lee Ki-taik