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(영문) 대법원 2016.08.30 2016도4696
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of Defendant B’s appeal reveals that Defendant B appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on fraud is not a legitimate ground for appeal.

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 prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for final appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have determined that Defendant C was guilty of all of the facts charged in the instant case, including fraud, occupational breach of trust, and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on “Aggravated Punishment, etc. of Specific Economic Crimes” under Article 7 of the Act on Fraud, Breach of Trust

3. Review of the records on the grounds of Defendant E’s appeal reveals that Defendant E appealed against the judgment of the first instance, and only alleged unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts and by misapprehending the legal doctrine is not a legitimate ground for appeal.

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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