가.뇌물수수·나.정치자금법위반·다.뇌물공여
Do 2015 14259 A. Acceptance of a bribe
B. Violation of the Political Funds Act
(c) Offering a bribe;
1. (a) A;
2. A. (b) B
3. (a)(b)(c) C
Defendant 1
Attorney D (for Defendant A)
E Attorney F in charge of legal affairs (for Defendant B),
Attorney G, AV (for Defendant C)
Daegu High Court Decision 2015No 65 decided September 3, 2015
February 18, 2016
all appeals shall be dismissed.
The grounds of appeal are determined.
1. Examining the reasoning of Defendant A’s appeal in light of evidence duly admitted by the first instance court that maintained the reasoning of the original judgment by the original judgment, it is justifiable to determine that Defendant A was guilty of all of the facts charged against Defendant A on the ground as stated in the judgment of the lower court, and there is no illegality of misapprehending the legal principles on the duty of free evaluation of evidence by violating the legal rules of logic and experience, such as the allegation of the grounds of appeal.
2. Examining the reasoning of Defendant B’s appeal in light of evidence duly admitted by the first instance court that maintained the reasoning of the original judgment by the original judgment, it is justifiable to determine that Defendant B was guilty of all of the facts of the instant public prosecution against Defendant B on the grounds as stated in the judgment of the lower court, and it is not erroneous in the judgment that affected the conclusion of the judgment by misapprehending the legal principles on the acceptance of bribe, bribery, and evidence ability, etc., by failing to exhaust all necessary deliberations, such as the allegation of the grounds of appeal.
3. Examining the reasoning of Defendant C’s appeal in light of evidence duly admitted by the first instance court that maintained the reasoning of the original judgment by the lower court, the lower court’s judgment that found Defendant C guilty of all of the facts charged against Defendant C on the ground of the same reasons as the judgment in the lower court’s holding is justifiable, and the lower court did not err by failing to exhaust all necessary deliberations, such as the allegation of the grounds of appeal, thereby violating the logical and empirical rule, thereby exceeding the bounds of the principle of free evaluation of evidence.
4. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kwon Soon-il
Justices Kim Yong-deok
Justices Park Poe-young
Justices Kim Shin-chul