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(영문) 대법원 2016.12.29 2016도14519

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court on Defendant A’s grounds of appeal, the lower court’s determination that the lower court found Defendant A guilty of both the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the offering of bribe, among the facts charged in the instant case, based on its stated reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of violation of the Act on the Aggravated Punishment, etc.

2. Examining the evidence duly admitted and examined by the court below as to Defendant B’s grounds of appeal, the court below is justified in holding that the court below convicted Defendant B of both the facts charged in the instant case and the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the establishment of the crime of bribery and the crime of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment

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