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(영문) 대법원 2015.12.23 2015도13026
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, we affirm the lower court’s judgment that found the Defendants guilty of the facts charged (excluding the portion not guilty of the grounds for appeal) 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

2. On the grounds stated in its reasoning, the lower court acquitted Defendant C of the ground of appeal on the ground that there was no proof of a crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the charges against Defendant C

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the intent of acquisition in the crime of acceptance of bribe.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal is found in the appellate brief.

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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