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(영문) 대법원 2016.2.18.선고 2015도14259 판결
가.뇌물수수·나.정치자금법위반·다.뇌물공여
Cases

Do 2015 14259 A. Acceptance of a bribe

B. Violation of the Political Funds Act

(c) Offering a bribe;

Defendant

1. (a) A;

2. A. (b) B

3. (a)(b)(c) C

Appellant

Defendant 1

Defense Counsel

Attorney D (for Defendant A)

E Attorney F in charge of legal affairs (for Defendant B),

Attorney G, AV (for Defendant C)

Judgment of the lower court

Daegu High Court Decision 2015No 65 decided September 3, 2015

Imposition of Judgment

February 18, 2016

Text

all appeals shall be dismissed.

Reasons

The grounds of appeal are determined.

1. Examining the reasoning of Defendant A’s appeal in light of evidence duly admitted by the first instance court that maintained the reasoning of the original judgment by the original judgment, it is justifiable to determine that Defendant A was guilty of all of the facts charged against Defendant A on the ground as stated in the judgment of the lower court, and there is no illegality of misapprehending the legal principles on the duty of free evaluation of evidence by violating the legal rules of logic and experience, such as the allegation of the grounds of appeal.

2. Examining the reasoning of Defendant B’s appeal in light of evidence duly admitted by the first instance court that maintained the reasoning of the original judgment by the original judgment, it is justifiable to determine that Defendant B was guilty of all of the facts of the instant public prosecution against Defendant B on the grounds as stated in the judgment of the lower court, and it is not erroneous in the judgment that affected the conclusion of the judgment by misapprehending the legal principles on the acceptance of bribe, bribery, and evidence ability, etc., by failing to exhaust all necessary deliberations, such as the allegation of the grounds of appeal.

3. Examining the reasoning of Defendant C’s appeal in light of evidence duly admitted by the first instance court that maintained the reasoning of the original judgment by the lower court, the lower court’s judgment that found Defendant C guilty of all of the facts charged against Defendant C on the ground of the same reasons as the judgment in the lower court’s holding is justifiable, and the lower court did not err by failing to exhaust all necessary deliberations, such as the allegation of the grounds of appeal, thereby violating the logical and empirical rule, thereby exceeding the bounds of the principle of free evaluation of evidence.

4. Conclusion

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

Justices Park Jae-young

Justices Kwon Soon-il

Justices Kim Yong-deok

Justices Park Poe-young

Justices Kim Shin-chul

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