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(영문) 대법원 2014.10.06 2014도3653
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant A guilty of occupational breach of trust among the facts charged in the instant case 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 against logical and empirical rules,

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to reverse the first instance judgment and to acquitted the Defendants on the grounds that there is no evidence of crime regarding the acceptance of bribe and the offering of bribe among the facts charged in the instant case, and there is no error of exceeding the bounds of the principle of free evaluation

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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