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(영문) 대법원 2020.04.09 2020도2250
배임수재등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court affirmed the first instance judgment that acquitted the Defendants on each part of the instant charges of occupational breach of trust, on the grounds as indicated in its reasoning.

Examining the reasoning of the lower judgment in light of relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the act of occupational breach of trust and intent.

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds for objection to the conviction.

2. On the grounds of appeal by Defendant A, the lower court upheld the first instance judgment convicting Defendant A of each of the charges of breach of trust and each of the occupational embezzlement.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on a person who administers another’s business in the crime of taking property in breach of trust, intent, intent, etc.

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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