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(영문) 대법원 2014.08.20 2014도1628

특정범죄가중처벌등에관한법률위반(뇌물)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court with respect to the Defendant’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed, to the extent of supplement in case of supplemental appellate briefs briefs not timely filed), the lower court is justifiable to have found the Defendant guilty of the charge of bribery of KRW 3 million on July 5, 2010, KRW 100,000,000 among the instant facts charged on the grounds as stated in its reasoning, and KRW 3 million on October 13, 2010, and KRW 3 million on October 5, 2010. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the logical and empirical rules and the principle of free evaluation of evidence as to the bribery of KRW 3 million on July 5, 2010, or by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the relevant legal principles and records, the lower court reversed the first instance judgment convicting the Defendant on the ground that the charge of accepting bribe amounting to KRW 20 million among the instant facts charged on July 5, 2010, KRW 4 million on July 9, 2010, KRW 200 million on October 13, 2010, and KRW 5 million on November 9, 2010 constitutes a case where there is no proof of the relevant criminal facts. Of the instant facts charged, it is justifiable to maintain the conclusion of the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant criminal facts, and it is not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules and contrary to what is alleged in the grounds 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.