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(영문) 대법원 2017.03.09 2016도21143
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. As to the grounds for Defendant A’s appeal, the recognition of facts constituting an offense ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), but the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court recognized that the first instance judgment was justifiable, recognizing that Defendant A had an incomplete intention to commit a breach of trust with respect to Article 1(a) of the criminal facts in the first instance judgment, and rejected the allegation of the grounds for appeal by misunderstanding the facts or misapprehending the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that led to the judgment of the court of fact-finding, and it is nothing more than denying the judgment of the court of fact-finding on the selection and probative value of evidence, which belong to the free judgment of the court of fact-finding. Furthermore, even if examining the reasoning of the judgment below in light of the above legal principles and the relevant legal principles and the evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles on criminal intent of

In addition, according to the records, while filing an appeal against the judgment of the court of first instance, Defendant A asserted the misunderstanding of facts or misunderstanding of legal principles as to the amount of breach of trust on the grounds of appeal, but withdrawn this part of the grounds for appeal on the second trial date of the court below.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine as to the calculation of the amount of breach of trust in relation to the above crime No. 1-B is not a legitimate ground for appeal.

2. As to Defendant B’s appeal, Defendant B shall submit the grounds of appeal within the period for submission of the written grounds of appeal.

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