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(영문) 대법원 2020.01.30 2019도16268
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the part of the facts charged in the instant case on the ground that there was no evidence of crime.

Examining the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent obtained through fraud.

The prosecutor also appealed the guilty portion of the judgment of the court below, but the appellate brief does not state the grounds for objection to this part.

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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