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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 2016.02.18 2015도14960
특정범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

The reasoning of the judgment of the court of first instance which found Defendant C guilty on the ground that there is no proof of crime as to the fact of taking good offices around March 2008 among the facts charged in this case against Defendant C, the part of the judgment of the court of first instance which acquitted Defendant C as to taking good offices around March 2008 and taking good offices around January 2008, among the facts charged in this case against Defendant C, and the part of the judgment of the court of first instance which found Defendant C guilty on the ground that there is no proof of crime against Defendant C among the facts charged in this case against Defendant C. It is justifiable to reverse the part of the judgment of the court of first instance which found Defendant C guilty and acquitted Defendant C. There is no violation of the principle of free conviction in violation of logical and empirical rules, contrary to the assertion of the grounds of appeal.

On the other hand, the prosecutor appealed against the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the guilty portion against Defendant B, and there is no reason of appeal as to the reasoning of appeal.

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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