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(영문) 대법원 2016.03.24 2015도13719
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendants on the charges of this case (excluding the part of conviction against Defendant A) on the ground that there is no proof of criminal facts, and rendered a not guilty verdict.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed against the entire judgment of the court below against Defendant A, but the guilty part does not state the grounds for appeal and does not state the grounds for appeal as to this part of the judgment of the court below.

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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