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(영문) 대법원 2019.10.31 2019도11882
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court convicted Defendant A of the part of the charges against Defendant A’s breach of trust.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine regarding “illegal solicitation” in the crime of evidence judgment and breach of trust, or by omitting necessary judgment or by violating the principle of substantial direct examination.

2. The lower court convicted Defendant B of the part regarding the evidence of breach of trust among the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “illegal solicitation” in the crime of giving rise to evidence trial and

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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