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(영문) 대법원 2017.05.17 2016도19481
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds for appeal in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant B was guilty of the facts charged in this case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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 acceptance

2. On the grounds of the prosecutor’s appeal, the lower court acquitted Defendant A and C on the charge of this case on the grounds stated in its reasoning, deeming that there was no proof of crime.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle 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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