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(영문) 대법원 2021.02.25 2020도16430
강요등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The prosecutor lower court acquitted the Defendant on the part of the charges of this case regarding the violation of the Saemaul Treasury Act on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on “matters necessary for the resolution of the board of directors” as stipulated in Article 85(2)4 of the Saemaul Cooperatives Act.

The prosecutor appealed against the defendant in full of the judgment below, but did not state the grounds of objection against the petition of appeal or the grounds of appeal.

2. The lower court convicted the Defendant of coercion of the charges of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the non-obligatory conduct in the crime of coercion.

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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