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(영문) 대법원 2016.05.26 2015도17228
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have maintained the first instance judgment that found the Defendant guilty of the facts charged of the instant case (excluding non-criminal part) on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on 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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