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(영문) 대법원 2016.06.23 2016도5424
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 determined 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 indicated 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 the principle of free

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of the instant facts charged (excluding the portion of conviction in the lower court) on the grounds stated in its reasoning and sentenced the Defendant not guilty on the grounds that there was no proof of crime

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by violating the principle of court-oriented trials and

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but it is not possible to find out the grounds of appeal and the reasons of appeal.

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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