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(영문) 대법원 2014.06.26 2014도470
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the Defendants’ grounds of appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the charges of this case’s conviction were established on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine

2. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court of first instance which acquitted Defendant A on the charge of occupational breach of trust in relation to each patent application of this case among the facts charged in this case, on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and violating the logical and empirical rules, or by misapprehending the legal principles on the crime of occupational breach

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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