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(영문) 대법원 2018.03.13 2017도21431

특정경제범죄가중처벌등에관한법률위반(횡령)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, we affirm the judgment of the court of first instance that found the defendant guilty on the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and found the defendant not guilty.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the relevant legal doctrine or by exceeding the bounds of the principle of free evaluation of evidence.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of charges of forging private documents and exercising the aforementioned investigation documents.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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