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(영문) 대법원 2017.01.12 2016도17978
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rendered a judgment of acquittal pursuant to Article 326 subparag. 1 of the Criminal Procedure Act on the ground that the facts charged in this case, which was committed before the judgment of conviction was rendered on the Defendant and the facts charged in this case, are deemed to be a series of acts due to the single legal interests, the form of a crime is identical, and the formation of a single criminal intent, and thus, constitutes a single comprehensive crime.

The judgment below

In light of the records, the judgment of the court below is just, and there is no error by misapprehending the legal principles on the number of crimes and res judicata as 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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