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(영문) 대법원 2020.10.15 2020도8347
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court deemed that there was no proof of crime as to the part of occupational embezzlement and violation of the Private School Act stated in the crime list Nos. 1 through 136 among the facts charged in the instant case as indicated in the judgment below, and acquitted the

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 on the intent to commit the crime of embezzlement and the intent to illegally obtain embezzlement, etc.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the instant facts charged (excluding the part not guilty of the grounds stated in paragraph (1)).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 on the intent to commit a crime of violation of the Private School Act or the intent to illegally obtain embezzlement, etc.

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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