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(영문) 대법원 2017.05.11 2016도21600
제3자뇌물수수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of each crime regarding the fact of accepting a third party related to D related to D among the instant facts charged, the fact of accepting a bribe after the E-related illegal disposition, and the fact of accepting a third party related to F-related bribery.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it 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 principles on the crime of acceptance of a third party bribe or ex post facto bribery.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of appeal.

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

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