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Cases
2015Do19865 A. Acceptance of bribe (a)
(b) Obstruction of business (Partial addition of Crime: Obstruction of Performance of Official Duties by Fraudulent Means);
Defendant
A person shall be appointed.
Appellant
Defendant and Prosecutor
Judgment of the lower court
Seoul High Court Decision 2014No3277 Decided November 26, 2015
Imposition of Judgment
April 28, 2016
Text
All appeals are dismissed.
Reasons
1. The defendant's appeal shall be considered as an appeal;
The defendant did not submit the appellate brief and the appellate brief does not include the grounds of appeal in the appellate brief.
2. Prosecutor's grounds of appeal are examined.
Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to maintain the judgment of the court of first instance which acquitted the defendant on the violation of the law of logic and experience and the principle of free evaluation of evidence, and there is no error of law by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the relevant legal principles, as alleged in the grounds of appeal.
On the other hand, the prosecutor appealed the entire acquitted portion of the judgment of the court below, but the part of the acceptance of bribe which the court below found not guilty on the grounds of the judgment did not state specific reasons in the petition of appeal and did not state reasons for objection.
3. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Jo Hee-de
Note Justice Lee Sang-hoon
Justices Kim Jae-tae
Justices Park Sang-ok