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(영문) 대법원 2015.06.24 2014도17361

특정경제범죄가중처벌등에관한법률위반(배임)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found the Defendants guilty of the modified facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have determined the Defendants not guilty on the grounds that there is no proof as to the fact that the value of the property profits acquired by the Defendants reaches KRW 12.9 billion among the modified facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding

Meanwhile, the prosecutor appealed against the Defendants in the judgment of the court below. However, the prosecutor did not indicate the grounds of objection in the petition of appeal or appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.