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(영문) 대법원 2018.01.25 2017도17057
변호사법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by the defense counsel of defendant C, which are not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s determination that Defendant A guilty all of the charges of this case against Defendant A, on the grounds indicated in its reasoning, of violation of the law of defense (excluding the part not guilty of the grounds for appeal) is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on a violation of the law of defense and the collection

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that all of the modified charges against Defendant C were guilty on the grounds stated in its reasoning.

In doing so, the court below did not err by misapprehending the legal principles as to admissibility of evidence, bribery, criminal relation, collection of additional collection, etc., or by misapprehending the legal principles as to the admissibility of evidence, bribery, criminal relation, and additional collection, or omitting or omitting the necessary deliberation as alleged in the grounds of appeal.

3. Examining the reasoning of the lower judgment on the grounds of Defendant E’s appeal in light of the evidence duly admitted, the lower court’s determination that Defendant E was guilty on the grounds indicated in its reasoning is justifiable.

In doing so, the court below did not err by misapprehending the legal principles as to joint principal offenders and additional collection in violation of logical and empirical rules, or by misapprehending the bounds of free evaluation of evidence, without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

4. Therefore, all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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