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(영문) 대법원 2014.10.30 2014도7244
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of all the charges of this case (excluding the part on acquittal in the grounds of appeal) on the grounds as stated in its reasoning, and there were no errors by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence, by exceeding the bounds of logical and empirical rules, or by misapprehending the legal principles on omission of judgment, loss of

On the other hand, the argument that the court below erred in the misapprehension of legal principles as to the specification of the facts charged is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below's decision was not subject to a judgment ex officio.

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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