beta
(영문) 대법원 2016.12.27 2014도9294

공직선거법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the violation of the Act on the Staff of the National Intelligence Service due to the leakage of information, such as the phone number of the NIS J Team staff, its affiliated team, and the vehicle operation situation of the said K and the NIS staff L, on the grounds as stated 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 relevant legal doctrine.

2. According to the reasoning of the lower judgment as to the prosecutor’s grounds of appeal, the lower court was justifiable to have determined that all the facts charged against the Defendants (excluding the guilty portion against Defendant B) were not proven of a crime, and it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal doctrine without exhaust all necessary deliberations.

Meanwhile, the Prosecutor appealed on the guilty portion of the lower judgment, but did not state the grounds of appeal as to this part in the petition of appeal or appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.