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(영문) 대법원 2015.03.26 2015도575
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A (to the extent of supplement in case of supplemental appellate brief that was not timely filed) in light of the evidence duly admitted by the first instance court that maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that Defendant A was guilty of all of the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the admissibility of evidence of the statement

2. Examining the reasoning of the lower judgment as to Defendant D and E’s grounds of appeal in light of the evidence duly admitted by the lower court or the first instance court, the lower court is justifiable to have determined that all of the charges of this case (excluding the part of innocence and acquittal against Defendant D) against Defendant D and E are guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on “a person who administers another’s business” in the crime of giving rise to breach of trust or by misapprehending the bounds of the principle of free evaluation of evidence, or “an unlawful solicitation”

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 permitted. As such, in this case where a more minor sentence has been imposed on Defendant D and E, the argument that the sentencing of a sentence is unreasonable

3. According to the records on Defendant F’s grounds of appeal, Defendant F appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal, and the lower court.

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