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(영문) 대법원 2013.07.11 2013도2943
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on job relationship

In addition, the argument that the copy of the account book of this case is inadmissible shall not be a legitimate ground for appeal, as it is asserted by the defendant as the ground for appeal, or by the court below that it was not subject to a judgment ex officio.

Furthermore, even if examining ex officio, the lower court did not err in finding the Defendant guilty of the instant facts charged under the premise that the copy of the instant book is admissible as evidence.

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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