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(영문) 대법원 2014.11.27 2014도6689

특정경제범죄가중처벌등에관한법률위반(배임)등

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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 by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of accepting bribe among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the defendant on the ground that there is no proof of the crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes among the facts charged in this case, and contrary to the allegations in the grounds of appeal, there is no violation of law by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the occurrence of damages and the intent of

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