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(영문) 대법원 2014.12.24 2014도12647
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendants guilty of occupational embezzlement among the facts charged in the instant case on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by violating the logical and empirical rules and exceeding the bounds of the principle

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 Defendants on the ground that there is no proof of crime regarding the fabrication of private documents and the uttering of falsified documents among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, there is no violation of the law of logic and experience and free evaluation of evidence

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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