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(영문) 대법원 2020.04.29 2019도19072
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of the violation of the Attorney-at-Law Act in attached Table 14 No. 3, among the facts charged against Defendant A, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, Defendant A appealed to the entire guilty portion of the judgment below, but did not state the grounds of objection in the petition of appeal or the appellate brief on the remainder.

2. The lower court upheld the first instance judgment that convicted Defendant H and I of each of the facts charged against the said Defendants on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the establishment of a tender obstruction.

3. Judgment on the grounds of appeal by the prosecutor

A. As to the grounds of appeal on Defendant B, the lower court, based on its stated reasoning, deemed that there was no proof of crime as to the guilty part among the charges of interference with bidding against Defendant B among the charges of interference with bidding against Defendant B among the judgment of the first instance court, reversed the guilty part and acquitted

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. As to the grounds of appeal against Defendant K, the lower court upheld the first instance judgment that acquitted Defendant K of the facts charged on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court.

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