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(영문) 대법원 2016.04.28 2016도1478

변호사법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds for appeal, the lower court’s judgment that found the Defendant guilty of violating the legal doctrine on defense, which received KRW 10,000,000 from February 13, 2012 among the facts charged in the instant case on the grounds stated in its reasoning, is justifiable.

In doing so, there is no violation of law of logic and experience beyond the limit of free evaluation of evidence in violation of law of logic and experience.

2. Examining the reasoning of the prosecutor’s appeal, the lower court, on the grounds stated in its reasoning, found the Defendant not guilty on the charge of violating the law of defense, which received KRW 3,00,000 on June 3, 201 and KRW 2,00,000 on July 29, 2011, on the ground that there is no proof of a crime, is justifiable.

In doing so, there is no violation of law of logic and experience beyond the limit of free evaluation of evidence in violation of law of logic and experience.

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