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(영문) 대법원 2016.09.23 2016도8740
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀국외누설등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds for appeal by Defendant A and C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the charges charged of this case against Defendant A and C were recognized on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of free evaluation principle, or by misapprehending the legal principles on trade secrets and unlawful gains or losses in the crime of violation of the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of trade secrets abroad), or by misapprehending the legal principles on occupational breach of trust.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted Defendant A and C on the ground that the part not guilty of the case and the facts charged of this case against Defendant B constituted a case where there is no proof of criminal facts. Contrary to the allegations in the grounds of appeal, the court below did not err by violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on trade secrets or major business assets.

Meanwhile, while the prosecutor appealed against the entire judgment of the court below, the guilty part against Defendant A and C is not indicated in the petition of appeal or in the reasoning of appeal.

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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