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(영문) 대법원 2020.12.10 2020도13755

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the instant facts charged (excluding the part concerning the charge) on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending relevant legal doctrine.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

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