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(영문) 대법원 2013.10.31 2013도6194
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged on the grounds as stated in its reasoning. 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 and exceeding the bounds of logical and empirical rules

In addition, the ground of appeal that there is an error of law in the misapprehension of the legal principles as to the universal offense and prohibition against double Jeopardy in the judgment below is a new argument not asserted in the court below, and it is not a legitimate ground of appeal, and in light of the records, there is no error

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

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