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(영문) 대법원 2017.11.09 2017도6552
정치자금법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and B’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds indicated in its reasoning, found Defendant A and B guilty of violating the Political Fund Act due to the false entry of election expense accounting reports and the illegal receipt of political funds (excluding the portion not guilty of the reasoning of the lower judgment) in the instant charges, is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, contrary to the allegations in the grounds of appeal, by misapprehending the legal doctrine on the degree of proof and the credibility of statement in a criminal trial, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the degree of proof and the credibility of statement in a criminal trial, election expenses, the concept of public offering,

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that Defendant C was guilty on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

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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