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(영문) 대법원 2017.05.17 2017도3393
횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants on the ground that each of the instant facts charged against the Defendants constituted a case where there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the criminal intent of embezzlement and the intent of unlawful acquisition.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, he did not state the specific reasons in the petition of appeal as to the guilty portion, and does not state the reasons for appeal in the letter of appeal.

2. According to the records on the grounds of appeal by the Defendants, the Defendants appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

3. 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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