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(영문) 대법원 2016.04.28 2015도19865

뇌물수수등

Text

All appeals are dismissed.

Reasons

1. The defendant's appeal shall be considered;

The defendant did not submit a written reason for appeal and the notice of appeal does not indicate the reason for appeal.

2. The prosecutor's appeal is examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance which acquitted the defendant on the ground that the violation of the law of logic and experience and the limitation of free evaluation of evidence, or the misapprehension of the relevant legal principles, among the facts charged in the instant case, constitutes a case where there is no proof of facts constituting a crime. There is no error of law that affected the conclusion of the judgment by violating the law of logic and experience, exceeding the bounds of free evaluation of evidence, or

On the other hand, the prosecutor appealed the entire acquitted portion of the judgment below, but the part of the acceptance of bribe which the court below found not guilty on the grounds of the judgment did not state specific reasons in the petition of appeal and did not state 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.