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(영문) 대법원 2015.09.10 2015도3683
업무상배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court was justifiable to have determined that the Defendant was guilty of occupational breach of trust on January 5, 2012 of the instant facts charged, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the first instance judgment convicting the Defendant of the charge of occupational breach of trust on or around December 28, 2011 among the facts charged in the instant case on the grounds that there was no proof of the relevant crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

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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