logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.03.09 2016도19363
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendants guilty of criminal facts as stated in the lower judgment on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on criminal litigation, Article 260 and Article 223 of the Criminal Procedure Act, the principle

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the following facts: (a) the act of occupational breach of trust due to the purchase of land at a price higher than the market price among the facts charged in the instant case; and (b) the act of occupational embezzlement as set forth in the attached Tables 3 and 4 of the List

The judgment below

In light of the records, the above determination by the court below is just, 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 in violation of logical and empirical rules, or by misapprehending the legal principles on the criminal intent of occupational embezzlement and occupational breach of trust.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow