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(영문) 대법원 2016.02.18 2014도1076

업무상횡령등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to reverse the first instance judgment convicting the Defendant on the charge of occupational embezzlement among the facts charged in the instant case on the ground that there is no proof of the crime. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, 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 crime of embezzlement.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of appeal.

2. Examining the reasoning of the lower judgment in light of the record, the lower court’s judgment that found the Defendant guilty of occupational breach of trust among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free conviction, or by misapprehending the legal doctrine on breach of trust.

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