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(영문) 대구지방법원 2015.07.17 2014노4153

횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant embezzled two PCBs and two PCs owned by the victim in mind can be sufficiently recognized.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. We examine the evidence of this case closely in light of the records. The court below's reasoning is justified in finding the defendant not guilty of the facts charged of this case on the ground that the evidence, including the witness E of the court below, submitted by the prosecutor, alone, is insufficient to view that the defendant had an intention to obtain illegal acquisition of two or more PCBs and two communication board, and there is no other evidence to acknowledge it. The court below's judgment does not contain any error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor. Thus, the prosecutor's above assertion is without merit.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.