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(영문) 대법원 2016.07.29 2016도7561
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of this case’s facts charged (excluding the portion not guilty of the reasoning of the lower judgment) on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the prosecutor on the facts charged of this case (excluding the part guilty of the court below) on the grounds stated in its reasoning, by deeming that there is no proof of crime, and contrary to the allegations in the grounds of appeal, the court below did not err by violating the law of logic and experience

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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