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(영문) 대법원 2019.05.16 2019도684
업무상배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court acquitted Defendant A of the charges on the ground that there was no proof of crime, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on co-principal.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on property damage in the crime of occupational breach of trust.

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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