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(영문) 대법원 2017.02.15 2016도16668
정치자금법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that found Defendant A not guilty of the violation of the Political Fund Act due to the act of fund-raising among the facts charged in the instant case against the Defendant A, and of the primary facts charged and the conjunctive facts charged against Defendant B, on the grounds that there is no proof of facts constituting

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the establishment of a joint principal offender.

On the other hand, the prosecutor appealed against the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the guilty part against Defendant A, and there is no reason of objection in the statement of reason for appeal.

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

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