logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.27 2017노1464
변호사법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the above judgment shall be announced publicly.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts and the misapprehension of the legal doctrine did not receive KRW 100 million from H through K for the purpose of the G caseless.

The statements of H and K, which are direct evidence of the facts charged of this case, are contradictory to each other before and after, and are not consistent with each other, and they cannot be believed as they are due to lack of objective rationality.

2) The sentence of the lower court (two years of imprisonment, additional collection KRW 100 million) that was unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

In a case where the issue is whether or not to accept money or valuables, in order to be convicted solely by a statement made by a person who provided money or valuables in the absence of objective evidence, such as financial data to support the receipt of money or valuables, the statement must have the admissibility of evidence, as well as the credibility of excluding a reasonable doubt. In determining whether or not there is credibility, the statement is admissible in doubt of the reasonableness, objective reasonableness, consistency before and after the statement itself, as well as its human nature, in particular, if there is a suspicion of a crime against him/her, and there is a possibility that an investigation is being initiated against him/her, or there is a possibility that the investigation is being conducted on the suspicion of such a crime, or there is a possibility that it is being conducted.

arrow