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(영문) 대법원 2019.03.28 2018도18394
국가정보원법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of violation of the NISA and the violation of the Public Official Election Act (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 by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on co-principals.

2. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of all 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 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 establishment of joint principal offenders and a crime of violating the Public Official Election Act.

3. As to the grounds of appeal by Defendant G and I, the lower court convicted Defendant G and I of the facts charged (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 by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on co-principals.

4. On the grounds of appeal by the prosecutor, the lower court, on the grounds of its stated reasoning, on the following grounds: ① Defendant F, G, I, and J’s violation of the National Intelligence Service Act due to cyber activities before March 2009; ② Defendant B’s violation of the National Intelligence Service Act due to Defendant B’s publication of a written notice by a political officer of AV; ③ Defendant B, F, G, I, and J’s violation of the National Intelligence Service Act and the Public Official Election Act; ④ Defendant H’s violation of the National Intelligence Service Act and the Public Official Election Act.

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