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(영문) 대법원 2016.05.27 2016도3782
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal based on evidence, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the charge of occupational embezzlement (excluding the part on acquittal of the grounds) among the facts charged in the instant case, on the grounds stated in its reasoning, and sentenced the Defendant not guilty.

Even if examining records and evidence, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the crime of embezzlement, contrary to what is alleged in the grounds of appeal.

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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