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(영문) 대법원 2014.07.24 2014도6359
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds of appeal by Defendant G, I, and J, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, the argument that the sentence is too unreasonable is not a legitimate ground of appeal.

2. Examining the grounds of appeal by Defendant L in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that the Defendant was guilty of the instant facts charged on the grounds stated in its reasoning is justifiable, and did not err by misapprehending the legal doctrine on “illegal solicitation” in the crime of taking property in breach of trust.

3. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to the grounds of appeal by Defendant M, N, andO, the lower court is justifiable to have determined that the Defendants were guilty of occupational breach of trust among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

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

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