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(영문) 대법원 2013.10.31 2013도10570

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s conviction of the charge of this case on the grounds as stated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal doctrine on the crime of occupational embezzlement.

In addition, the adoption of the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 201). Thus, even if the court below rejected the defendant's application for examination of evidence, it cannot be deemed unlawful.

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