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(영문) 대법원 2017.12.05 2017도15389
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty of the lower judgment’s reasoning)

In contrast to the allegations in the grounds of appeal, the court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine on the requirements for conviction in the case where the specific, admissibility, or acceptance of money or valuables is at issue, or by violating the principle of trial priority and the principle of direct deliberation in determining the

2. As to the reasons for the prosecutor’s appeal, the lower court, on the grounds indicated in its reasoning, acquitted the prosecutor on the ground that there was no proof of crime regarding the violation of self-defense justice on November 11, 2013 among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the crime of violating

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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