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(영문) 대법원 2013.08.14 2013도5553
공문서위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that Defendant B was guilty of occupational breach of trust (excluding the part not guilty of the first instance court) among the facts charged against Defendant B on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules

2. Examining the reasoning of the lower judgment as to Defendant D’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable in its judgment that each embezzled of KRW 15 million from June 30, 2009 to July 30, 2009, and KRW 28 million from July 30, 2009 among the facts charged against Defendant D, on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

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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