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(영문) 대법원 2013.04.11 2013도1291
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below's determination that the facts charged in this case were guilty on the grounds as stated in its holding is just, and there are no errors in the misapprehension of legal principles as to the violation of logical and empirical rules and the principle of free evaluation of evidence, incomplete deliberation, violation of the rules of evidence, and the establishment of occupational embezzlement.

Meanwhile, the judgment of the court of first instance maintained by the court below did not specify the main text of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) with respect to the upper limit of punishment on certain criminal facts in the application of statutes. However, even if the court of first instance erred as otherwise alleged by the defense counsel in the application of statutes of the first instance, since the first instance sentence was rendered to the defendant within the applicable range of punishment in accordance with the application of legitimate statutes, it did not err

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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