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(영문) 대법원 2017.05.30 2017도942
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have determined that the Defendant was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, 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 unlawful acquisition intent.

On the other hand, the ground of appeal as to the number of crimes is alleged by the defendant as the ground of appeal, or by the court below as the object of judgment ex officio, and it is not a legitimate ground of appeal.

B. While examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged.

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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