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(영문) 대법원 2017.05.31 2016도19815

특정경제범죄가중처벌등에관한법률위반(횡령)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the instant facts charged (excluding the portion of conviction) on the ground that there was no proof of crime.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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