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(영문) 대법원 2021.02.25 2020도5320
위증등
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, to the extent of supplement in case of supplemental appellate briefs not timely filed];

1. As to the reasons for the prosecutor’s appeal, the lower court acquitted the prosecutor on the charge of the instant case (excluding the guilty part) on the grounds stated in its reasoning, on the grounds that there was no

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of perjury and the crime of divulgence of secrets on official duties, contrary to the grounds of appeal.

Although the prosecutor asserts that there was an omission in the judgment of the court below as to the guilty portion of the judgment below, he did not err by omitting the necessary judgment as alleged above, and thereby affecting the conclusion of the judgment.

2. As to the grounds for the Defendant’s appeal, the lower court found the Defendant guilty of the instant facts charged (excluding the text of the case and the part not guilty of grounds).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the establishment of perjury, contrary to the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence, contrary to logical and empirical rules, or by misapprehending the legal doctrine.

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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