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(영문) 대법원 2018.10.04 2018도5560

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 ground that there was no proof of crime regarding the obstruction of business among the facts charged in the instant case and acquitted the Defendant.

The judgment below

Examining the reasoning of the lower judgment in light of the record, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence by violating logical and empirical rules, or by misapprehending the legal doctrine on “exercise of force”

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

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