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(영문) 대법원 2016.01.28 2014도11636
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A and B, the lower court found Defendant A guilty of the occupational embezzlement among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition in embezzlement and mistake of law.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just that the court below judged that there was no proof of a crime as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes among the facts charged in this case, and found the Defendants not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err 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 as to the acceptance of good offices under Article

Meanwhile, the Prosecutor appealed against Defendant A and B in the lower judgment, but did not indicate the grounds of appeal as to this part of the final appeal or the grounds of appeal.

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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