2016Do2551. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (recidant Property) and military affairs

Violations of Confidentiality Protection Act

A person shall be appointed.

Defendant

Law Firm CK

Attorney CL, DB, DC

Seoul High Court Decision 2015No2278 Decided January 29, 2016

May 12, 2016

The appeal is dismissed.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds as stated in its reasoning. In so doing, it 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 the "mediation of matters belonging to public officials' duties" and the "quid pro quo relation" among money and valuables received.

2. As to the grounds of appeal Nos. 3 and 4

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to have determined that the lower court convicted all of the charges of violation of the Military Secret Protection Act among the charges of this case on the grounds as 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 against logical and empirical rules, or by misapprehending the legal doctrine on the scope of military secrets under the Military

3. Conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Sang-hoon

Justices Kim Jae-tae

Justices Jo Hee-de

Justices Park Sang-ok