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(영문) 대법원 2019.02.14 2018도18629
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s grounds of appeal in light of the evidence duly admitted, 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 contradictory grounds or violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on Regulation and Punishment of Criminal Proceeds Concealment, contrary to what is alleged in the grounds of appeal.

2. The lower court, on the grounds of appeal by the prosecutor, acquitted the Defendant on the charge, on the ground that there was no proof of crime regarding the part of KRW 20 million out of the criminal proceeds 48 million, which the Defendant concealed for the purpose of pretending as legitimately acquired property among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by failing to exhaust all necessary deliberations and 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 the grounds of objection in the petition of appeal or the appellate brief.

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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