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(영문) 대법원 2016.05.12 2016도3810
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to reverse the judgment of the court of first instance that found the Defendant guilty of the facts charged in this case on the grounds as stated in its reasoning, and to convicted the Defendant. In so doing, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the status of the custodian in the crime of embezzlement

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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