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(영문) 대법원 2015.01.15 2014도14554
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s conviction of occupational embezzlement among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, or by misapprehending the legal principles as to the intent of unlawful acquisition in the crime of occupational embezzlement, or the burden of proof in the criminal trial.

Other grounds for appeal by a defense counsel shall not constitute legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.

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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