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(영문) 대법원 2017.06.08 2016도17049
정치자금법위반등
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).

A prosecutor bears the burden of proving the facts charged in a criminal trial.

In order to admit a guilty verdict, there shall be evidence of probative value sufficient to prove that the facts charged are true to the extent that there is no reasonable doubt by a judge.

Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine that the Defendant is not guilty with the benefit of the Defendant (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). Examining the reasoning of the lower judgment in light of the record, it is justifiable to reverse the first instance judgment that the lower court found the Defendant guilty on the ground that there is no proof of crime regarding

The lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

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

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