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(영문) 대법원 2021.02.25 2019도16307
배임증재등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants of the charges of this case on the ground that there was no proof of crime regarding the part on the charge of the violation of trust against Defendants A and B and the remaining Defendants’ violation of trust.

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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “third party” in the crime of taking property in breach of trust and the crime of taking property in breach of trust.

The Prosecutor appealed against Defendant A, B, D, E, and F in the lower judgment. However, with respect to the conviction of the above Defendants, the Prosecutor did not state specific grounds for objection in the petition of appeal or the reasons for appeal.

2. As to the grounds for appeal by Defendant B, the lower court upheld the first instance judgment convicting Defendant B of violating the Act on the Prohibition of Illegal Requests and Money and Valuables, Etc. among the facts charged in the instant case.

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 the specification, punishment provisions, and joint principal offenders of the facts charged.

3. As to Defendant F’s final appeal, Defendant F did not submit a written reason of final appeal within the period for submission of the written reason of final appeal, and Defendant F did not state the grounds for final appeal in the petition of final appeal.

4. 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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