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(영문) 대법원 2018.02.08 2017도15491
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the grounds of appeal by Defendant J in light of the relevant legal principles and evidence, the lower judgment that found Defendant J guilty of the instant facts charged against Defendant J did not err by violating the rules of evidence, as alleged in the grounds of appeal.

2. As to the grounds for appeal by Defendant K and L, the first instance court found Defendant K and L not guilty of the facts charged in the instant case against Defendant K and L, but the lower court reversed the first instance judgment and convicted Defendant K and L on the grounds as stated in its reasoning.

In light of the relevant legal principles and records, the lower judgment convicting Defendant K and L of the instant facts charged was erroneous by misapprehending the legal doctrine on the establishment of a crime of violation of Article 111(1) of the Defense Act by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by misapprehending the legal doctrine on the establishment of a crime of violation of Article 111(1) of the Defense Justice

shall not be deemed to exist.

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

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