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(영문) 대법원 2018.11.29 2018도12976
업무상배임
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 prosecutor on the grounds that there was no proof of crime as to the facts charged in the instant case (excluding the guilty part) on the grounds stated in its

The judgment below

Examining the reasoning of the judgment below in light of the record, the above determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by violating the principle of court-oriented trials

2. As to the grounds for appeal by the defendant, an appeal may be lodged on the ground that the judgment of the court below has influenced the conclusion of the judgment, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument to the effect that the court below's decision on the selection of evidence and probative value or its factual recognition is not a legitimate ground for appeal is not a legitimate ground for appeal.

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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