증거인멸교사,정치관여
2021Do1039 Do 1039 Do 2010
A
Defendant
Law Firm Barun Law LLC, Attorneys Signature-soo and Yellow jun
Supreme Court Decision 2017Do2741 Decided June 28, 2018
Seoul High Court Decision 2018No1849 Decided January 14, 2021
may 7, 2021
The appeal is dismissed.
The grounds of appeal are examined.
1. As to the part concerning the political participation
The lower court found the Defendant guilty of this part of the facts charged on the grounds indicated in its reasoning.
Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on public offering, etc.
2. As to the destruction of evidence
The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall be no longer arbitable as to this part because the final judgment became final and conclusive at the same time with the declaration of the judgment, and the court remanded cannot render a judgment contrary thereto. Thus, the defendant cannot make a claim in this part as a ground of final appeal. This circumstance also applies where a new argument is added as to the part where the final and conclusive judgment was made (see Supreme Court Decision 2006Do2017, Jun. 9, 2006).
In light of the above legal principles, the grounds of appeal disputing the conviction of the court below after remanding on the grounds of violation of the rules of evidence, incomplete deliberation, misapprehension of legal principles, etc. are rejected in the judgment of remanding, and there is a final conviction of the conviction. Therefore, the ground of appeal disputing the judgment of conviction after remanding on the grounds of violation of the rules of evidence, incomplete deliberation, and misapprehension of legal principles
3. Conclusion
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jae-hyung
Justices Min You-sook
Justices Lee Dong-won
Justices Noh Tae-ok