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(영문) 대법원 2013.11.14 2013도7996
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s appeal, the Defendant did not submit the appellate brief within the statutory period, and the Defendant did not state the grounds for objection in the petition of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment that acquitted the Defendant on the part of the list of crimes (not guilty part) among the facts charged in the instant case on the grounds as stated in its reasoning, on the ground that there is no evidence of crime, and contrary to what is alleged in the grounds of appeal,

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal and there is no statement of the grounds for appeal in the appellate brief.

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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