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(영문) 대법원 2020.02.13 2019도15353
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court upheld the first instance judgment convicting Defendant A of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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 unlawful solicitation, quid pro quo, and intentional act in the crime of reversion and transfer of copyright,

2. As to the grounds of appeal by Defendant B, the lower court upheld the first instance judgment convicting Defendant B of the facts charged on the grounds as stated in its reasoning.

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 establishment of a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the intent to illegally obtain and prove, without exhaust all necessary deliberations, of the lower court’s judgment.

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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