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(영문) 대법원 2015.12.10 2015도13025
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), in order to recognize the fact of the acceptance of a bribe in a case where the defendant, who was identified as the underwriter in the acceptance of the bribe denies the fact of the acceptance of the bribe, and there is no objective material to support it, the fact of the acceptance of the bribe must be examined as well as the reasonableness, objective reasonableness, consistency in the contents of the statement itself, as well as his human nature, and existence of an interest in the statement.

(1) In light of the above legal principles, the public official’s act of accepting, demanding, or promising a bribe in relation to an arrangement of matters belonging to the duties of another public official (see, e.g., Supreme Court Decisions 2007Do3798, Jul. 27, 2007; 2007Do3798, Apr. 27, 2007). The public official’s act of accepting, demanding, or promising a bribe in relation to an arrangement of matters belonging to the duties of another public official is established by taking advantage of his/her status. The “use of his/her status” in this context refers to the use of his/her status by a public official who has a legal or factual relation with the performance of the duties of another public official, and there is no need to have a special relation, such as a superior relationship, cooperative relationship, and supervisory authority (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006).

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