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(영문) 대법원 2016.08.24 2016도7435
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record as to the reasons for Defendant A’s appeal, the above Defendant asserted the error of fact as to the sentencing on the grounds of appeal on the grounds of appeal against the judgment of the first instance, but revoked the grounds for appeal of mistake of fact on the first trial date of the lower court.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on Defendant B, C, D, and E’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that the instant facts charged against the said Defendants are guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on the crime of embezzlement

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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