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(영문) 대법원 2017.04.26 2016도10777
업무상횡령등
Text

The judgment below

The part against Defendant A is reversed, and that part of the case is remanded to the Seoul Northern District Court.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found Defendant A guilty of all the facts charged (excluding the portion not guilty and acquittal of the lower court) on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation against logical and empirical rules, by exceeding the bounds of Article 156-5(2) of the Criminal Procedure

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant C’s grounds for appeal, the lower court is justifiable to have found Defendant C guilty of both bodily injury and habitual assault (excluding the part not guilty of the reasoning of the lower judgment) among the facts charged against Defendant C, 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 of free conviction doctrine against logical and empirical rules, or by misapprehending the legal doctrine on

3. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant D guilty of all charges on the grounds indicated in its reasoning. In so doing, 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 the crime of violating the Social Welfare Business

4. Regarding the prosecutor's grounds for appeal

A. Examining the reasoning of the lower judgment regarding Defendant A and C’s acquittal in light of the record, the lower court’s judgment against Defendant A and C for the reasons indicated in its reasoning.

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