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(영문) 대법원 2019.01.10 2018도17565

배임등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the charge of breach of trust among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the person who misleads the facts beyond the bounds of the principle of free evaluation of evidence.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

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