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(영문) 대법원 2016.11.10 2016도10692

뇌물공여등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment that found Defendant B not guilty of all the charges of this case against Defendant B, C, and D on the grounds as stated in its reasoning and contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence.

On the other hand, the prosecutor appealed against the entire judgment of the court below as to Defendant A, but the guilty part does not state the grounds for objection in the petition of appeal or the appellate brief.

2. Examining the grounds of appeal by Defendant E in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have found Defendant E guilty of all of the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of logic and experience

3. According to the records on Defendant F’s grounds of appeal, Defendant F asserted only unfair sentencing as the grounds of appeal, while appealed against the judgment of the court of first instance.

In this case, the argument that the court below erred in the rules of evidence or in the misapprehension of legal principles shall not be a legitimate ground for appeal.

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