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(영문) 대법원 2014.10.15 2014도10033

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment below and the first instance court in light of the evidence duly admitted, it is just to find the facts charged in this case guilty on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the amendment of indictment or the duty relationship

In addition, the argument that the court below erred in the misapprehension of the legal principles as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the crime of violation of the Political Funds Act or the relation of the referral of bribery is not a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.