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(영문) 대법원 2013.04.11 2012도234
업무상횡령
Text

All appeals are dismissed.

Reasons

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

Since the selection of evidence and the recognition of facts belong to the exclusive authority of the fact-finding court unless they are contrary to logical and empirical rules, in light of the evidence duly admitted by the court of first instance, which maintained the reasoning of the judgment below, the court below is justified in finding the defendants guilty of the facts charged in this case (excluding the acquittal portion) on the grounds as stated in its reasoning.

In so determining, the lower court did not err by exceeding the bounds of the principle of logic and experience and by exceeding the bounds of the free evaluation of evidence, or by misapprehending the legal doctrine on occupational embezzlement and taking property in breach of trust.

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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