가.제3자뇌물취득[변경된죄명:특정범죄가중처벌등·에관한법률위반(뇌물)]·나.정치자금법위반·다.특정범죄가중처벌등에관한법률위반(뇌물)
Do 2018 745(a) Acquisition of a third-party bribe (the name of a changed crime: Punishment of Aggravation of Specific Crimes, etc.
violation of the Act on Bribery (Bribery)
B. Violation of the Political Funds Act
C. Violation of the Act on Punishment, etc. of Specific Crimes (Bribery)
1. (a) A;
2.(c) B
Defendant A and Prosecutor (Objection against Defendant A)
Law Firm C (for Defendant A)
Attorney in charge C Q, D, E
Attorney CS, CU (for Defendant B)
Busan High Court Decision 2017No 393 decided December 21, 2017
April 24, 2018
all appeals shall be dismissed.
The grounds of appeal are determined.
1. Examining the reasoning of the original judgment in light of the record as to the grounds for appeal by the prosecutor, it is acceptable to reverse the judgment of the first instance that found Defendant A guilty and rendered a judgment of not guilty on the ground that the facts charged against Defendant A, among the facts charged against Defendant A, constituted a violation of the Act on the Punishment, etc. of Specific Crimes (Bribery) and the facts charged against Defendant B, did not prove a crime. It is reasonable to reverse the judgment of the first instance that found Defendant B guilty. In this sense, there is no error by misapprehending the legal principles of logic and experience by failing to exhaust all necessary deliberations, such as the allegation of the grounds for appeal.
Meanwhile, the Prosecutor appealed against the entire judgment of the original court, but did not state the grounds for appeal as to the guilty portion in the petition of appeal or the grounds for appeal.
2. Examining the evidence duly admitted the reasoning of the original judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted, it is justifiable for the lower court to have convicted Defendant A of the fact that Defendant A was guilty of the acquisition of a third party bribe, which is included in the fact of violation (Bribery) of the Act on the Punishment, etc. of Specific Crimes, among the facts charged against Defendant A, among the facts charged against Defendant A. There is no erroneous error by misapprehending the legal doctrine on the crime of acquiring a bribe by a third party, such as the assertion of grounds for appeal.
Meanwhile, Defendant A filed an appeal against the remainder of the judgment of the original court against Defendant A, but did not state the grounds for appeal against Defendant A, either the petition of appeal or the statement of grounds for appeal.
3. Conclusion
All appeals shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Jo Hee-de
Justices Kim Chang-suk
Justices Kim Jae-hyung
Justices Min You-sook of the District Court