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(영문) 대법원 2017.12.07 2017도12568
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of the Defendant’s appeal, the lower court was justifiable to have determined that the lower court convicted all of the facts charged in the instant case of occupational breach of trust, false entry such as electronic records, etc. among the facts charged, events such as false entry, and violation of laws relating to each city and residential environment, on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the non-legal doctrine of city and residential environment.

2. Examining the reasoning of the Prosecutor’s appeal, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the occupational embezzlement among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the crime of embezzlement.

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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