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(영문) 대법원 2016.04.28 2015도19580
배임수재
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court, on the ground that the criminal facts of which the Defendant received money from E, etc. and received entertainment in collusion with C in return for receiving unfair solicitation as to his/her duties, was recognized, and found the Defendant guilty without accepting the grounds of appeal on the mistake of facts or misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles, and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding illegal solicitation of and consideration for the crime of taking property in breach of trust or by exceeding the bounds of free

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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