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(영문) 대법원 2017.09.07 2017도2114

업무상배임등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding Defendant A, B, and C’s grounds for appeal in light of the evidence duly admitted, the lower court’s judgment that found Defendant A, B, and C guilty of the instant facts charged on the grounds stated in its reasoning is justifiable.

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, or by misapprehending the relevant legal doctrine without exhausting all necessary deliberations as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, the lower court was justifiable to have acquitted Defendant D, E, and F of the instant facts charged, on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding 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.