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(영문) 대법원 2019.05.30 2019도3109
국가정보원법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted the Defendants on the following grounds: (a) among the facts charged against the Defendants, the part related to the violation of the National Intelligence Service Act by Defendant B, and C related to the violation of the National Intelligence Service Act from December 29, 2009 to August 26, 201; (b) the part related to AR’s additional cyber activities among the facts pertaining to Defendant F’s violation of the National Intelligence Service Act; and (c) Defendant H’s concealment of evidence.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of joint principal offenders, concealment of evidence,

2. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the 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, or by misapprehending the concept of “election campaign” under Article 85(1) of the former Public Official Election Act (amended by Act No. 12393, Feb. 13, 2014) and the legal doctrine on co-principals.

3. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of the facts charged against Defendant B (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the 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, or by misapprehending the legal doctrine on the crime of preparing joint principal documents and the intentional act of uttering of false official documents.

4. 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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