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(영문) 대법원 2019.10.31 2019도11887
변호사법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendants of violation of the Political Funds Act by deeming that there is no proof of crime regarding the violation of the Political Funds Act due to the number of illegal political funds worth KRW 100 million among the charges

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 against logical and empirical rules, or by misapprehending the legal doctrine on “political funds” in violation of the Political Funds

2. As to Defendant B’s ground of appeal

A. The essence of the Defendant’s appeal on the part of innocence is that the Defendant’s appeal on the part of acquittal is a claim for a judgment rendered by correcting the original judgment unfavorable to him/her, and thus, the Defendant’s appeal on the judgment of innocence, which is the most favorable to the Defendant, is unlawful.

(See Supreme Court Decision 93Do1091 delivered on July 29, 1994, etc.). Therefore, Defendant B’s appeal on the violation of the Political Funds Act due to the number of illegal political funds of KRW 100 million, the acquittal portion of the lower judgment, is unlawful.

B. The court of final appeal on conviction may examine and determine only to the extent of filing an appeal based on the grounds of final appeal. Therefore, the grounds of final appeal should clearly state the grounds of final appeal on the specific grounds of violation of law.

Therefore, unless the appellate brief states such specific and explicit grounds of appeal, it cannot be deemed that legitimate grounds of appeal have been submitted.

(See Supreme Court Decision 9Do513 delivered on April 21, 2000, etc.). Defendant B is only to the purport that “The prosecutor’s charges against Defendant B with respect to Defendant B shall be pronounced a judgment of innocence on the grounds that there is no proof of the charge and no other proof of the charge exists.”

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