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(영문) 대법원 2014.09.25 2014도9058

업무상배임미수

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A 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 Defendant A guilty of the facts charged in this case for the reasons indicated in its holding, and there is no error of misapprehending the rules of logic and experience and violating the principle of free evaluation of evidence.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that there was no proof of crime regarding the facts charged in the instant case.

Examining the reasoning of the judgment below in light of the records, the court below's decision is just and acceptable, and there is no error of law of misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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