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(영문) 대법원 2019.07.04 2019도689
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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

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 against logical and empirical rules, or by misapprehending the legal doctrine on intentional and property damage in the crime of occupational breach of trust, the scope of application of the Framework Act on the Construction Industry, and mistake

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 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 against logical and empirical rules, or by misapprehending the legal doctrine on intentional and property damage in the crime of occupational breach of trust, the scope of application of the Framework Act on the Construction Industry, and the mistake and joint principal offense

3. As to the grounds of appeal by Defendant C Union, the lower court convicted Defendant C of the facts charged on the grounds stated in its reasoning.

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 misapprehending the scope of application of the Framework Act on the Construction Industry and the legal doctrine on errors under Article 16 of the Criminal Act, and omitting judgment, thereby adversely affecting the

4. 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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