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(영문) 대법원 2016.12.15 2016도15840
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. While examining the grounds of appeal by Defendant B in light of the relevant legal principles and evidence, the lower court did not err by violating the rules of evidence and failing to exhaust all necessary deliberations, thereby adversely recognizing facts contrary to logical and empirical rules, as alleged in the grounds of appeal.

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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable cannot

2. While examining the grounds of appeal by Defendant E in light of the relevant legal principles and evidence, the lower court did not err by misapprehending the rules of evidence and failing to exhaust all necessary deliberations, or by misapprehending the legal principles as to whether a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) was committed and the amount of profit was committed, or by omitting judgment, contrary to what is alleged in the grounds of appeal.

3. 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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