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(영문) 대법원 2016.09.28 2016도9933

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on intentional embezzlement, trial principle, and admissibility of expert evidence.

In addition, the argument that the judgment of the court below erred in the misapprehension of legal principles as to the specification of the facts charged is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below did not consider it as being subject to ex officio.

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