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(영문) 대법원 2019.05.16 2019도1625
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the charge of occupational embezzlement of March 19, 2014 among the facts charged against the Defendant, on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 intent of occupational embezzlement

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds for objection to the conviction.

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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