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(영문) 대법원 2019.05.10 2018도3209
정치자금법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant R in accordance with the relevant legal principles and evidence duly adopted and examined by the first instance court and the first instance court, the lower court is justifiable to have determined that all the charges of this case against Defendant R were guilty on the grounds stated in its reasoning.

In doing so, the lower court did not err 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 fund-raising through exchange with political fund receipts as provided by Article 16 of the Political Funds Act, or by misapprehending the legal doctrine on constructive acceptance in the crime of altering private documents, etc.

2. Examining the relevant legal principles as to the remaining Defendants’ grounds of appeal, and evidence duly adopted and examined by the first instance court, the lower court is justifiable to have determined that the remaining Defendants are guilty of all the charges of this case (excluding the part of innocence) on the grounds stated in its reasoning.

In doing so, there is no error by misapprehending the legal principles on the collection of political fund receipts by exchanging with political fund receipts as provided in Article 16 of the Political Funds Act.

3. 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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