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(영문) 대법원 2017.06.29 2017도5096
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for Defendant A’s appeal in light of the evidence duly admitted, the lower court’s determination that the part of the instant charges against Defendant A was found guilty on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the calculation of property gains.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s judgment that found Defendant B guilty of the instant facts charged on the grounds indicated in its reasoning is justifiable. In so doing, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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