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(영문) 대법원 2019.03.14 2018도19915

특수상해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s appeal, the Defendant did not submit the appellate brief within the submission period, and the Defendant did not state the grounds of appeal in the petition of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable to maintain the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding embezzlement of money in the name of BB club rent among the facts charged in the instant 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 exceeding the bounds of the principle of free evaluation of evidence.

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