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(영문) 대법원 2020.06.25 2020도4537
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The appeal is dismissed.

The name of the original judgment shall be indicated.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the primary charges of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the status of a custodian in the crime of violation of the Act

In addition, the court below's decision is just, and there is no error in the misapprehension of legal principles as to the scope of permission for modification of indictment.

Therefore, the appeal is dismissed. Since there is an obvious error in the case name indication of the judgment below, it is decided to correct it pursuant to Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating

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