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(영문) 대법원 2015.10.29 2015도12484
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Defendant was guilty of both the charge of taking property in breach of trust (excluding the charge of innocence) and occupational embezzlement among the instant charges.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the above judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the establishment of joint principal offenders and illegal solicitation in the crime of taking property in breach of trust, or by failing

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal in the appellate brief.

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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