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(영문) 대법원 2013.11.14 2013도11207
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below is just in holding that the court below convicted all of the embezzlements stated in paragraphs (3) and (5) of the facts constituting the crime of the first instance judgment among the facts charged in the instant case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the free evaluation of evidence or by misapprehending the legal principles

In addition, 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, and thus, the determination of the sentence by the court below is unreasonable.

The allegation that there is an error not considered in sentencing that the victim partially repaid the amount of damage is not a legitimate ground for appeal.

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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