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(영문) 대법원 2016.07.07 2016도6717
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, the lower court’s determination that the Defendant was guilty of occupational embezzlement among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to logical and empirical rules, the lower court did not err by exceeding the bounds of free conviction due to breach of logical and empirical rules, or by misapprehending the legal doctrine on the property in embezzlement and the intention of unlawful acquisition.

In addition, the argument that there is an error in the misapprehension of legal principles as to the specification of facts charged in the judgment below is not a legitimate ground for appeal, as it is alleged by the defendant only for the grounds of appeal that the court below did not consider it as the subject of 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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