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(영문) 대법원 2014.11.13 2014도10684
횡령등
Text

All appeals are dismissed.

Reasons

1. The defendant's appeal shall be considered;

The defendant did not submit a statement of grounds for appeal within the statutory period and the petition of appeal does not contain any indication in the grounds for appeal.

2. Prosecutor's grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the court below was just in maintaining the judgment of the court of first instance which acquitted the Defendant on the ground that there was no proof of criminal facts regarding the alteration of private documents and the uttering of altered private documents among the facts charged in the instant case. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding “the purpose of uttering” in the crime of altering private documents, or by exceeding the bounds of the principle

Meanwhile, although the prosecutor appealed the entire judgment of the court below, there is no specific reason in the petition of appeal as to the remaining parts, nor there is no statement in the statement of grounds for appeal as to the grounds 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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