가.위계공무집행방해·나.공무상비밀누설
Do 2017 Do 11523(a) interferes with the performance of fraudulent functions;
(b) Disclosure of secrets on official duties;
A
Defendant
Attorney BA, BB, and BC in charge of the legal entity (with limited liability)
Suwon District Court Decision 2016Do7306 decided June 30, 2017
January 10, 2019:
The appeal shall be dismissed.
The grounds of appeal are determined.
Examining the reasoning of the original judgment in light of the evidence duly adopted by the lower court, it is justifiable to determine that all of the facts of the instant indictment against the Defendant on the grounds as indicated in the judgment of the lower court were guilty. In this context, the lower court did not err by misapprehending the legal doctrine on the facts of the crime to be indicated in the reasoning of the judgment under Article 323(1) of the Criminal Procedure Act, by violating the logical and empirical rules, such as the allegation of the grounds of appeal.
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Park Sang-ok
Justices Cho Jae-chul
Jeju High Court Decision 201No. 50