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(영문) 대법원 2016.05.12 2016도2551

특정범죄가중처벌등에관한법률위반(알선수재)등

Text

The appeal is 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 grounds of appeal Nos. 1 and 2, the lower court’s determination that the Defendant was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In doing so, there is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the “mediation of matters belonging to the duties of public officials” and the “compensation and acceptance of money and valuables” under Article 3 of the Act on the Aggravated Punishment, etc

2. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the grounds of appeal Nos. 3 and 4, the lower court is justifiable to have determined that the lower court convicted all of the charges of violation of the Military Secret Protection Act among the charges of this case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the scope of military secrets under the Military Secret Protection Act.

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