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(영문) 대법원 2016.04.15 2016도1345
업무상횡령등
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, on the grounds indicated in its reasoning, to have found Defendant A guilty of interfering with the business on January 27, 2013 and February 2, 2013 among the facts charged in the instant case against Defendant A. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on justifiable acts in the course of interference

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant B’s grounds for appeal, the lower court was justifiable, on the grounds indicated in its reasoning, to have convicted Defendant B of the charge of interfering with the business of February 2, 2013 and of violating the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation). In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the legal doctrine on legitimate acts in the crime of interference with business, by exceeding the bounds of free evaluation due to logical and empirical rules, or by misapprehending the legal doctrine on the purpose of slandering in the crime of

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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