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(영문) 대법원 2016.10.27 2016도12457
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, found that there was no proof of crime, and found the Defendant not guilty of the instant conjunctive facts charged, and reversed the judgment of the first instance that convicted the Defendant of embezzlement on February 27, 2012 among the instant facts charged, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and 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.

On the other hand, the prosecutor appealed from the facts charged in the instant case, but the petition of appeal or the appellate brief does not contain any description of the grounds for objection.

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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