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(영문) 대법원 2017.06.19 2016도19235
특정범죄가중처벌등에관한법률위반(알선수재)등
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 is justifiable to have found the Defendant guilty of both the facts charged in the instant case (excluding the non-guilty part and the

In so determining, the lower court 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 doctrine on matters concerning the duties of deemed public officials.

2. Examining the reasoning of the lower judgment on the grounds of the prosecutor’s appeal in light of the record, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the part of violation of the Act on the Protection of Justice due to the handling of legal affairs in the instant charges

The lower court did not exhaust all necessary deliberations but 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 doctrine on solicitation and mediation under Article 109 of the Defense Justice Act.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for appeal as to the guilty portion in the final appeal and the reasons for appeal.

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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