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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 2020.05.14 2020도1503
직권남용권리행사방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court upheld the first instance judgment convicting the Defendant of the part concerning the provision of third-party brain in the instant facts charged.

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 illegal solicitation in the crime of providing third party brain

In addition, even in light of the record, the lower court did not err by infringing the right to assistance of counsel, the right to a trial under Article 27(3) of the Constitution, and the right to defense of the accused, as alleged in the grounds of appeal.

2. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime as to the part of the instant facts charged.

The judgment below

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

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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