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(영문) 대법원 2017.05.11 2017도2882
배임수재
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 Defendant A’s grounds for appeal, the lower court was justifiable to have determined that Defendant A was guilty of this case’s facts charged (except for the part without charge) 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 legal doctrine on the degree of proof in a criminal trial or by misapprehending the bounds of free evaluation of evidence

2. As to the grounds for appeal by the prosecutor against the Defendants, the lower court upheld the first instance judgment that acquitted Defendant A on August 23, 2013 among the facts charged in the instant case and the facts charged in the instant case against Defendant E on the ground that there was no proof of the relevant crime.

The judgment below

In light of the records, the above judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to the violation of the principle of free evaluation of evidence against logical and empirical rules or the violation of the principle of free evaluation of evidence of breach of trust.

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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