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(영문) 대법원 2019.08.14 2019도6967
협박등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of violating the Improper Solicitation and Graft Act (hereinafter “Improper Solicitation and Graft Act”) among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment 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 establishment of a crime of violating

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the grounds that there was no proof of crime regarding the intimidation among the facts charged in the instant case, and acquitted the Defendant

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

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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