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(영문) 대법원 2017.03.15 2016도7737
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the record, it is justifiable for the lower court to reverse the first instance judgment that found the Defendant guilty of occupational embezzlement among the modified facts charged on the ground that there is no proof of crime, and to affirm the first instance judgment that acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the evaluation of the probative value of indirect evidence without failing to exhaust all necessary deliberations, 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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