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(영문) 대법원 2016.05.27 2016도1116
군사기밀보호법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s final appeal in light of the relevant legal principles and evidence, the lower court did not err by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of final appeal, in determining that the lower court convicted the Defendant of the violation of the Military Secret Protection Act due to the leakage of military secrets, which was sufficiently discovered that the lower court constituted a limited violation of the Military Secret Protection Act due to the divulgence of military secrets, which was discovered by the detection and collected out of the facts charged in the instant case, based on the grounds indicated in its reasoning.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor on the ground that the charges of this case, among the modified charges of this case, constituted a violation of the Military Secret Protection Act due to detection and collection of military secrets and a violation of the Military Secret Protection Act due to detection and collection, constituted a case where there is no proof of crime.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the detection of collection in violation of the Military Secrets Protection Act, or by misapprehending the legal doctrine on the violation of the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition 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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