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(영문) 대법원 2017.12.07 2017도14543
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that all of the facts charged against Defendant A was guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in breach of logical and empirical rules, or by misapprehending the legal doctrine on admissibility of evidence, attorney-at-law’s violation of law, interference with the performance of official duties

2. Examining the reasoning of the lower judgment on the grounds of appeal by Defendants B, E, F, G, and H in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the lower court convicted all of the Defendants B, E,F, G, and H of violation of the Act on Special Measures Concerning the obstruction of the performance of official duties by deceptive means against Defendants B, F, G, and H, and designation and management of the development restriction zone on the grounds stated in its reasoning. In so determining, 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 on obstruction of the performance of official duties by deceptive means, interference with the designation and management

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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