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(영문) 대법원 2013.10.11 2013도8390
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court that maintained by the lower court and the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged of this case on the grounds stated

The court below did not err by misunderstanding facts against logical and empirical rules or by misapprehending relevant legal principles, such as evidence judgment principle and burden of proof, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that there is an error in the misapprehension of legal principles as to the statute of limitations in the judgment below is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal, or that the court below

Furthermore, even if examining records, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

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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