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(영문) 대법원 2018.06.28 2018도5963
횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable for the lower court to reverse the judgment of the first instance that found the Defendant guilty of embezzlement among the facts charged in the instant case on the grounds stated in its reasoning and to render a not-guilty verdict. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on a person who keeps another’s property

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not contain specific grounds of appeal in the petition of appeal or the reasons for appeal.

2. As to the grounds for appeal by the defendant, an appeal may be lodged on the ground that the judgment of the court below has influenced the conclusion of the judgment, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's decision on the evidence selection and probative value or its factual recognition is not a legitimate ground for 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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