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(영문) 대법원 2020.04.29 2020도2470

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below acquitted the prosecutor on the charges of this case on the ground that there was no proof of crime as to the first 7 and 18 of the crime list I among the charges of this case as stated in

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the instant facts charged (excluding the part not guilty in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition in the crime of violating the Act on the Aggravated Punishment

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