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(영문) 대법원 2016.12.15 2016도11306

특정범죄가중처벌등에관한법률위반(알선수재)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, based on the record, the lower court acknowledged the following facts: (a) the prosecution attended the Seoul Central District Prosecutors’ Office on December 14, 2014 and December 16, 2014; and (b) received output of e-mail from the Defendant in the form of voluntary presented evidence from the Defendant; (c) the Defendant was asked from the prosecutor’s office whether the Defendant was able to submit e-mail (G-mail; hereinafter referred to as “H”) between the Defendant and H (hereinafter referred to as “H”); (d) by accessing the Internet, entering the e-mail ID and password, and reading the e-mail; and (e) submitted it to the prosecutor’s office by printing out the contents of the e-mail; (b) the Defendant “to submit the content of e-mail at the free will”; and (c) it was difficult to recognize the Defendant’s voluntary submission of the consent to access e-mail and the content of e-mail presented to the prosecutor’s office without any legitimate contact.

In addition, the lower court.