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(영문) 대법원 2016.02.18 2015도18528
배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of appeal by the Defendant, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment below erred in the misapprehension of legal principles or ex officio investigation is not a legitimate ground for appeal.

2. While examining the reasoning of the judgment of the court below as to the prosecutor's grounds for appeal, it is just to maintain the judgment of the court of first instance which acquitted the victim D of the charges of this case on the ground that there is no proof of crime in breach of trust against the victim D among the charges of this case, and there is no error of law by misunderstanding the legal principles as to the reservation for repayment of substitute

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice 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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