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(영문) 대법원 2013.05.24 2012도15399
상법위반등
Text

All appeals are dismissed.

Reasons

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

1. According to the records on Defendant C’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on Defendant D’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found Defendant guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the rules of evidence, failing to exhaust all necessary deliberations, failing to exhaust all necessary deliberations, misapprehending the legal doctrine on the intent and concept of destroying the audit protocol, intentional and negligent act

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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