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(영문) 대법원 2014.02.13 2013도13357
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of occupational breach of trust among the facts charged in the instant case on the grounds stated in its reasoning. 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, exceeding the bounds of the principle of free evaluation of evidence, failing to exhaust all necessary

2. 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 rendered a not-guilty verdict on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there is no evidence of the crime. In so doing, the lower court did not err by misapprehending the legal doctrine on

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

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