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(영문) 대법원 2014.07.24 2014도6321
보조금관리에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the court below, the court below was just in finding Defendant A guilty of the violation of the public electronic records, etc., and there was no error in the misapprehension of legal principles as to the establishment of the crime of uttering of public electronic records, etc., or in the misapprehension of legal principles as to the establishment of the crime of uttering of public electronic records, etc., contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, it is justifiable for the lower court to have acquitted Defendant B on the grounds that there was no proof of the relevant crime regarding the violation of the Act on the Management of Subsidies among the facts charged against Defendant B and the facts charged against Defendant A. 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 regarding “a false application

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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