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(영문) 대법원 2020.04.09 2020도1091
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, a final appeal is an ex post facto review of the decision of the appellate court, which is not subject to a review by the appellate court, and thus, it is not subject to a review by the appellate court. As such, the grounds of appeal are not limited to the grounds of appeal alleged by the Defendant in the appellate court as the grounds of appeal

(2) The lower court erred by misapprehending the legal doctrine on the crime of embezzlement, or by misapprehending the legal doctrine, and thereby convicted Defendant A of embezzlement (see, e.g., Supreme Court Decision 2014Do12834, Jan. 29, 2015). The ground of appeal asserts that Defendant A’s ground of appeal is either the ground of appeal or the lower court did not make it subject to ex officio determination.

2. On the grounds of appeal by the prosecutor, the court below acquitted Defendant A on the ground that it is difficult to view that Defendant B conspiredd or participated in the fraud crime against Defendant A and Victim P Co., Ltd., on the ground that there was no proof of crime regarding the part concerning the fraud of Defendants’ victim P Co., Ltd. among the facts charged in the instant case, and acquitted Defendant B on the ground

The judgment below

Examining the reasoning in light of the relevant legal doctrine and the record, the lower court did not err 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 principle of substantial

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor did not state in the petition of appeal or the appellate brief the grounds of objection as to the guilty portion against Defendant A.

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

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