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(영문) 대법원 2013.06.14 2012도16051
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have convicted the Defendant of the charges of this case (excluding the part on which the lower court acquitted the Defendant) on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have acquitted Defendants B on the grounds that there was no proof of crime as to the embezzlement of KRW 260 million, including Defendant B’s right protection fund, and violation of the Political Funds Act against the Defendants. In so doing, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the relevant

On the other hand, although the prosecutor submitted a written appeal to the court below to the effect that he is dissatisfied with embezzlement of KRW 226,446,70, J fees 226,70 against Defendant B, which was partially guilty and partially acquitted, the prosecutor did not state the grounds for appeal as to the part in the appellate brief, and thus the appeal as to

3. 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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