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(영문) 대법원 2016.3.10.선고 2015도14853 판결

특정범죄가중처벌등에관한법률위반(뇌물)(인정된죄·명:뇌물수수)

Cases

2015do 14853 Violation of the Act on the Punishment, etc. of Specific Crimes (Bribery)

officer: Acceptance of a bribe

Defendant

A

Appellant

Defendant

Defense Counsel

Law Firm (with limited liability) B

Attorney in charge C, D, E

Judgment of the lower court

Seoul High Court Decision 2015No 351 decided September 4, 2015

Imposition of Judgment

March 10, 2016

Text

The appeal shall be dismissed.

Reasons

The grounds of appeal are determined.

Examining the reasoning of the original judgment in light of the evidence duly adopted by the first instance court and the first instance court, the lower court’s determination that the facts of the preliminary prosecution of this case were recognized as guilty on the grounds as indicated in its judgment is justifiable. The lower court did not err by misapprehending the bounds of the free evaluation of evidence by violating the logical and empirical rules, or by misapprehending the legal principles on bribe in the crime of receiving or receiving a bribe, intention, identity of the facts charged, or changes in indictment, or by failing to comply with the grounds.

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

Justices Park Jae-young

Justices Kwon Soon-il

[Attachment-dae]

Justices Park Poe-young

Justices Kim Shin-chul