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(영문) 대법원 2016.02.18 2015도13226
정치자금법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of this case’s facts charged (except for the part without charge) on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant C guilty of having committed occupational breach of trust on the grounds indicated in its reasoning. In so doing, 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 relevant legal doctrine, contrary

The essence of the Defendant’s appeal is to correct the original judgment at a disadvantage and claim a favorable judgment. Therefore, the Defendant’s appeal against the acquittal judgment, which is the most favorable to the Defendant, is unlawful (see Supreme Court Decision 93Do1091, Jul. 29, 1994, etc.). Of the facts charged against Defendant C, as to the violation of the Political Fund Act around May 25, 2010, the Defendant C did not have the right to appeal against this part, and the reason for appeal related to this part is not a legitimate ground for appeal.

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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