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(영문) 대법원 2019.01.31 2018도18186

횡령등

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 fraud among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the criminal intent

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

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