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(영문) 대법원 2016.08.30 2016도9000
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance that acquitted the Defendant on the ground that there was no proof of crime as to each of the modified facts charged in this case’s occupational embezzlement. In so doing, contrary to what is alleged in the grounds of appeal, the court below 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 principles

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the remaining parts, nor there is no reason in the petition of appeal as to the grounds of appeal.

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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