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(영문) 대법원 2019.10.31 2019도11690

공무상비밀누설등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment that found the Defendant guilty of the part concerning acceptance of bribe among the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine on the relationship to duties, quid pro quo relationship, intent, and evidence illegally collected in the crime of acceptance of bribe

The argument that the judgment of the court below should not be found guilty on the basis of illegally collected evidence shall not be a legitimate ground for appeal, as alleged in the ground of appeal by the defendant or by the court below which was not subject to judgment ex officio.

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