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(영문) 대법원 2017.10.26 2015도9846
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that all of the facts charged against the Defendants were guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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 the burden of proof in relation to the illegality of collecting evidence, the exclusion of illegally collected evidence, the occupational breach of trust

In addition, Article 27 of the Installment Transactions Act and Article 5 of the Addenda of the same Act (amended by March 17, 2010) merely with reasons pointed out in the grounds of appeal cannot be deemed unconstitutional since they violate the retroactive legislative prohibition principle and the principle of protection of trust (see Constitutional Court Order 2015HunBa240, Jul. 27, 2017). 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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