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(영문) 대법원 2019.05.30 2019도3223
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on September 16, 2015, on the grounds indicated in its reasoning, on the ground that there was no proof of crime regarding the receipt of bribe among the charges against the Defendant.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of objection against the petition of appeal and the appellate brief.

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the charge (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 credibility of a donor’s statement in the crime of acceptance of bribe and the “act

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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