beta
(영문) 대전고등법원 2015.04.17 2014노593

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The defendant's appeal is dismissed.

Reasons

Judgment on the Grounds for Appeal

A. In a case where several accomplices jointly commit the crime of acceptance of bribe, the accomplice cannot be exempted from the liability for the crime as well as his amount of the acceptance of bribe by other accomplices. Thus, in determining whether Article 2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is applicable, the total amount of the acceptance of bribe shall be based on the aggregate amount of all the accomplices, and it shall not be based on the amount actually acquired or distributed by each accomplice.

(See Supreme Court Decision 9Do1557 delivered on August 20, 1999). B.

According to the evidence duly admitted and investigated by the court below, the defendant demanded G to correct the cadastral violation as stated in the facts charged, and received KRW 50 million through A, an accomplice, and he received KRW 50,000,000,000 from H and the remaining KRW 30,000,000,000 among them can be found to have been divided by the defendant.

C. Examining these facts in light of the legal principles as seen earlier, it is reasonable to view the amount of the Defendant’s accepted bribery as KRW 50 million.

The decision of the court below to the same purport is just, and there is no error in the misapprehension of the legal principles as to the amount of bribery under Article 2 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which affected the conclusion of the judgment.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.