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(영문) 대법원 2017.12.05 2017도2900
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment which acquitted the Defendant on the ground that the facts charged in the revised case constituted a case where there is no proof of a crime, and acquitted the Defendant on the ground that the facts charged in the second preliminary charge added by the lower court constituted a case where there is no proof

The judgment below

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it 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 principles on the status of a person who administers another’s business in breach of trust, intent to commit breach of trust,

On the other hand, the prosecutor appealed the entire judgment of the court below, but the remaining parts are not indicated in the petition of appeal or the reasons for appeal.

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

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