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(영문) 대법원 2016.04.28 2016도2607
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of this case’s charges on the grounds indicated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by violating the logical and empirical rules, exceeding the bounds of free evaluation of evidence, or by exceeding the bounds of free evaluation of evidence, or

2. Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to maintain the judgment of the court of first instance which acquitted Defendant B on the ground that the facts charged in this case against Defendant B constituted a case where there is no proof of facts constituting a crime. Contrary to the allegations in the grounds of appeal, the court below did not err by violating the law of logic and experience and exceeding the bounds of free evaluation of evidence

3. Therefore, 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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