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(영문) 대법원 2020.10.15 2020도8293

배임

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the scope of res judicata effect of a final and conclusive judgment, contrary

In addition, the argument that the defendant did not have an intention to commit a breach of trust against the defendant is not a legitimate ground for appeal since the defendant's ground for appeal or the court below did not have an ex officio decision, which did not constitute a legitimate ground for appeal. Furthermore, the court below did not err by exceeding the bounds of the free evaluation of evidence against logical and empirical rules

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