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(영문) 대법원 2019.08.14 2017도16232
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant B’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have determined that the lower court convicted Defendant B of the violation of the National Technical Qualifications Act and the violation of the Construction Technology Promotion Act among the facts charged in the instant case against Defendant B

The lower court did not err in its judgment by misapprehending the legal doctrine regarding criminal intent under Article 13 of the Criminal Act, Article 15(2) of the National Technical Qualifications Act, and Article 23(1) of the Construction Technology Promotion Act, contrary to what is alleged in the grounds of

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no evidence of crime regarding the charge of giving rise to breach of trust among the facts charged against Defendant A and the facts charged against Defendant B.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, it 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 principles on “a person who administers another’s business” and “illegal solicitation.”

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the guilty portion against Defendant B.

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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