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(영문) 대법원 2017.03.22 2016도12159

횡령등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is as follows: (a) the court below erred by misapprehending the facts in violation of the rules of evidence and rendered a not-guilty verdict, even though the part of the facts charged in this case’s embezzlement is sufficiently convicted; and (b) the court below erred by

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The allegation in the grounds of appeal is not a legitimate ground of appeal, because it contests the recognition of facts belonging to the exclusive authority of the court below.

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