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(영문) 대법원 2016.07.29 2014도13405
특정범죄가중처벌등에관한법률위반(국고등손실)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the relevant legal principles and evidence duly admitted, the lower court was justifiable to have determined that the lower court convicted Defendant A of the charge of occupational breach of trust among the facts charged in the instant case, and of occupational embezzlement due to the payment of party membership fees and the use of expenses for living expenses of diplomatic missions on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free conviction due to violating logical and empirical rules, or by misapprehending

2. On the grounds of the prosecutor’s appeal, the lower court acquitted the prosecutor on this part of the charges, on the ground that the fact of occupational embezzlement due to the payment of golf expenses among the modified charges of this case constitutes a case where there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles, the aforementioned determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on unlawful acquisition intent in

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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