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(영문) 대법원 2018.01.24 2017도15689
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that acquitted the facts charged of this case on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition of embezzlement on duty.

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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