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(영문) 대법원 2017.03.15 2016도8055
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the modified facts charged (excluding the part not guilty of the lower judgment

The lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on the intent of unlawful acquisition and burden of proof in embezzlement

2. Examining the reasoning of the lower judgment regarding the prosecutor’s grounds for appeal in light of the records, the lower court was justifiable to have rendered a not-guilty verdict on the modified facts charged (excluding the portion guilty in the lower judgment) on the ground that there was

The lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state the grounds of appeal as to the remaining parts.

3. Conclusion and the Prosecutor’s appeal are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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