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(영문) 대법원 2018.05.15 2016도15549

뇌물공여등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the grounds for appeal by Defendant B, C, D, F, and G in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendants were guilty of all of the charges of this case (excluding the part of innocence) on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on public documents, the completion time of seizure, the objects of seizure, occupational embezzlement and breach of trust, the principle of trial-oriented and direct deliberation, performance bribery related to duties, functional

2. Examining the reasoning of the lower judgment in light of the records, the lower court’s judgment was justifiable in determining that the Defendants A, B, C, D, and F was not guilty on the ground that there was no proof of each crime against each of the facts charged against Defendant A, B, D, and F. In so doing, contrary to what is alleged in the grounds of appeal, 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 illegal solicitation, job relation, ex post facto bribery, unlawful act in the crime of acceptance of a bribe, loss in the crime of breach of trust, occupational embezzlement, etc.

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