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(영문) 대법원 2021.01.14 2020도15770
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court acquitted the Defendants on the grounds that there was no proof of crime regarding the violation of the Unfair Competition Prevention and Trade Secret Protection Act (i.e., leakage of trade secrets) and the part concerning the damage of electronic records, etc. among the facts charged against Defendant A among the charges against Defendant A, as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of interference with destruction and damage, such as business secrets and electronic records, as prescribed by the Unfair Competition Prevention and Trade Secret Protection Act, identity of facts charged, obligation to recognize reduced facts,

On the other hand, the prosecutor appealed to the entire violation of the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of trade secrets). However, with respect to the conviction portion, the prosecutor did not state specific reasons for appeal in the petition of appeal or written reason for appeal.

2. On the grounds of appeal by the Defendants, the lower court convicted the Defendants of the violation of the Unfair Competition Prevention and Trade Secret Protection Act (i.e., leakage of trade secrets) in the attached table Nos. 2 through 11 in the indictment against the Defendants on the grounds of its reasoning.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on trade secrets prescribed in the Unfair Competition Prevention and Trade Secret Protection Act.

3. 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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