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(영문) 대법원 2017.10.26 2017도10664
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have determined that the lower court convicted each of the facts charged in the instant case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) on the grounds stated in its reasoning.

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the act of violating duties, property damage, and management judgment in breach of occupational duties, or by misapprehending the intent of unlawful acquisition.

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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