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(영문) 대법원 2021.03.11 2020도16382
배임증재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court acquitted Defendant A of the charges on the charges of breach of trust and the charges on Defendant C, deeming that there was no proof of the crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 misapprehending the legal doctrine on job relevance and illegal solicitation in the crime of misappropriation and the crime of misappropriation.

2. The lower court convicted Defendant B of the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 misapprehending the legal doctrine on the consideration in the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) or by misapprehending the legal doctrine on the specification of the facts charged, the status of public officials, and

3. Conclusion, Defendant B and the Prosecutor’s final appeal are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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