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(영문) 대법원 2021.02.04 2019도17115
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendants on the part of the charge of taking property in breach of trust on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the establishment of the crime of taking property in breach of trust and the interpretation of the “third party” prescribed in the crime of taking property in breach of trust, or by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason of objection in the petition of appeal or the reasoning of appeal.

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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