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(영문) 대법원 2019.10.31 2019도11206
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted Defendant A on charges of occupational breach of trust listed in the attached Table 5 of the lower judgment, and of aiding and abetting the violation of the Information and Communications Network Act (hereinafter “Information and Communications Network Act”) (hereinafter “Information and Communications Network Act”) among the charges against Defendant A and the charges against Defendant D, on the ground that there was no proof of a crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on the establishment of a crime of violating the Information and Communications Network Act (information and communications network infringement, etc.) and an offense of aiding and abetting

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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