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(영문) 대법원 2019.07.04 2018도9038
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of its reasoning, the lower court acquitted Defendant A of the grounds of appeal on the following grounds: (a) the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) listed in [Attachment Table 2 through 7] and 19 listed in [Attachment Table 1] among the facts charged against Defendant A; (b) the violation of the Unfair Competition Prevention and Trade Secret Protection Act listed in [Attachment Table 8 through 18, 20, 21]; and (c) the violation of the Unfair Competition Prevention Act listed in the attached Table 8 through 18, 20, and 21; and (b) the violation of the Unfair Competition Prevention Act

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on “trade secret” and “major assets for business purpose” in the crime of occupational breach of trust under the Unfair Competition Prevention Act.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the part of conviction against the Defendants is not indicated in the petition of appeal or the appellate brief.

2. As an appeal against Defendant A’s appeal is an objection against the lower court’s judgment, the essence of which is to make a request for a judgment disadvantageous to Defendant by correcting the judgment unfavorable to Defendant. Therefore, unless the judgment of lower court is disadvantageous to Defendant, the Defendant cannot have the right to appeal against it.

According to the records (see, e.g., Supreme Court Decision 2005Do4866, Sept. 15, 2005). Defendant A did not appeal the judgment of the first instance, and only the prosecutor appealed on the ground of misunderstanding of facts, but the court below dismissed the prosecutor’s appeal.

In light of the above legal principles, the judgment of the court below cannot be seen as disadvantageous judgment against Defendant A, and Defendant A has no right to appeal against the judgment of the court below.

Therefore, the judgment of the court below against Defendant A.

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