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(영문) 대법원 2017.10.12 2017도10919
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted Defendant A of all of the facts charged in the instant case (excluding the part not guilty of the reasoning of the lower judgment) on the grounds indicated in its reasoning. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the probative value judgment of evidence corresponding to only part

2. Examining the reasoning of the lower judgment as to Defendant B’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of the conjunctive charges on the grounds indicated in its reasoning. In so doing, the lower court 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 doctrine on the crime of receiving property in breach of trust

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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