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(영문) 대법원 2016.09.28 2016도10670
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The defendant's grounds for appeal shall be proved to the extent that there is no reasonable doubt (Article 307 (2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the court below determined that the defendant lent the defendant's bicycle owned by the victim to the Seoul Regional Police Agency without the victim's consent as stated in the judgment of the court of first instance, and rejected the grounds for appeal as to the defendant's mistake.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal principles and the 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, as alleged

2. On the grounds of the prosecutor’s appeal, the first instance court held that the Defendant carried out the bicycle owned by the said company to J as illegal acquisition intent.

the defendant's custody of the defendant for the victim, and the defendant's escape from the bicycle rental lent to the Seoul regional office of national land management.

The court judged that the facts charged cannot be seen, and sentenced not guilty.

In addition, the lower court, on the grounds stated in its reasoning, rejected the Prosecutor’s ground of appeal on the ground that the first deliberation judgment was justifiable.

The grounds of appeal are the purport of disputing the lower court’s finding of facts, and the lower court’s evidence substantially belongs to the free judgment of the fact-finding court.

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