logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.07.25 2019도1110
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendants guilty on the part of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the Defendants' joint criminal conduct among the facts charged in this case, on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Specific Economic Crimes Act

2. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the violation of the Specific Economic Crimes Act (Misappropriation) due to the sole criminal conduct among the charges against Defendant A, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 “suspects”, “the principle of management judgment” and “risk of actual loss of property.”

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

arrow