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(영문) 대법원 2020.01.30 2019도16017
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the judgment of the first instance court that found Defendant A guilty on the grounds that there is no evidence to prove a crime, and sentenced Defendant A not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. The lower court affirmed the first instance judgment that convicted Defendant B of the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the nominal name and intent in the crime

3. The final appeal by the prosecutor and Defendant B is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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