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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, can sufficiently prove the fact that the Defendant acquired property benefits and incurred property damage to the damaged company by using the “heat processing technology,” which is a major business asset of the victimized company, by leaking out the “the process technology,” which is a major business asset of the victimized company, and thus, rejected the Defendant’s assertion and the defense counsel’s judgment that found the Defendant guilty of the facts charged in this case, and rejected the grounds for appeal on
The allegation in the grounds of appeal is the purport of disputing the recognition of facts that form the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In light of the above legal principles and the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.