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(영문) 대법원 2014.07.10 2014도742

배임증재

Text

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 lower court as to the Defendant AR’s grounds of appeal, the lower court is justifiable to have found the Defendant guilty of each of the facts charged of this case (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 misapprehending the law of logic and experience

2. As to the appeal by Defendant BB, BC, and BD, Defendant BB, BC, and BD did not submit the appellate brief within the statutory period, and the petition of appeal does not state the grounds for appeal.

3. 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 acquitted the Defendant on the ground that: (a) the charge of taking part of the facts charged in this case against Defendant C, D, and AS; (b) the charge of taking part of the facts charged in this case against Defendant R, BB, BC, and B; and (c) the charge of taking part of the facts charged in this case against Defendant A and B, and there is no proof of such crime; and (b) contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the principle

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