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(영문) 대법원 2015.11.17 2015도1200

특정경제범죄가중처벌등에관한법률위반(배임)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) on the ground that there was no proof of the crime, and reversed the first instance judgment that found the Defendants guilty of the charges on the false entry and exercise of the public electronic records, etc., and acquitted the Defendants

The judgment below

In light of the records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, it did not err by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to another person’s business

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no specific grounds for objection as to this portion in the petition of appeal or appellate brief.

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