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(영문) 대법원 2017.11.23 2017도14547
범죄수익은닉의규제및처벌등에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant’s appeal, the lower court’s determination that the Defendant was guilty of violating the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation, or by exceeding the bounds of the principle of free evaluation, or by misapprehending the legal doctrine on the interpretation and additional collection of “a person knowingly aware of the circumstances” in the crime of violation of Article 4 of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, with respect to the establishment, intentional intent, and legitimately acquired property of violation of Article 3(1)3 of the Act.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment (including the part not guilty of grounds), and acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the defense justice among the facts charged in the instant case, on the grounds stated in its reasoning.

Examining the record, the above determination by the court below is justifiable.

In so doing, there were no errors 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 “in solicitation or good offices” in the crime of violating Article 111(1) of the Defense Justice Act.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of 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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