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(영문) 대법원 2020.12.10 2020도8245
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court dismissed the public prosecution on the part of occupational embezzlement listed in (1) of the indictment of this case, based on the degree of the period for filing a complaint and the illegal accusation after the indictment period is invalid in violation of the provisions of the law. The lower court acquitted the part of occupational embezzlement listed in (2) of the indictment of this case, on the ground that there is no proof of a crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine regarding the period of filing a complaint subject to

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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