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(영문) 대법원 2015.09.24 2015도11598
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the victim M on the ground that there was no proof of the crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) among the facts charged in the instant case

The judgment below

In light of the records, the above judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

With regard to the whole of the judgment below, the prosecutor only stated the grounds for appeal in the petition of appeal that "it is an error of law affecting the conclusion of the judgment, such as violation of the law of evidence collection and misapprehension of the legal principle," and did not state any specific grounds for appeal as to what point it is unfair. The appellate brief also does not state any grounds for appeal as to the remainder of innocence except for the acquittal portion as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) against the victim M among the facts charged in this case. Therefore, there is no legitimate appellate brief as to the remainder of innocence except for the acquittal portion as to the violation of the Act on the Aggravated Punishment, etc

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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