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(영문) 대법원 2018.02.08 2017도10312
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have convicted the Defendant of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on unlawful acquisition intent in the crime of embezzlement.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted the Prosecutor on the facts charged of the instant case (excluding the guilty portion) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on unlawful acquisition intent in 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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