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(영문) 대법원 2016.11.24 2016도13357
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and D’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that Defendant A and D guilty of the instant facts charged (excluding the part on innocence and acquittal of the reasoning). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine as to

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where Defendant A and D were sentenced to a minor sentence, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment as to Defendant B and C’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that Defendant B and C guilty of the instant facts charged (excluding the part on innocence and the part on acquittal of reasoning). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on intent of unlawful acquisition, expectation, damage in the crime

3. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court acquitted the Defendants on the charge of aiding and abetting private documents among the facts charged in the instant case, and not guilty on the ground that there was no proof of crime.

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