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(영문) 대법원 2016.05.27 2016도3431
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The grounds of appeal are with merit that the court below erred by misapprehending the legal principles such as violation of the rules of evidence, etc. without hearing the fact that the defendant received money and related job relations with the defendant in regard to the receipt of bribe in I related to the corporation.

The judgment below

Examining the reasoning in light of the evidence, although the contents of the O and K's statement do not coincide with the facts as stated in the judgment of the court below, the court of first instance and the court below have credibility in the statement by considering the facts of the witness's testimony and the examination of the witness's attitude of each statement, etc.

The statements of the witness are generally consistent with the main part of the facts charged;

In full view of the circumstances that the Defendant attempted to search and seize the instant case after the prosecutor’s search in the course of the investigation into the instant case, such as the circumstance of having requested the U to find theO or of the content requested by the U, and the credibility of the O’s statement on the facts of providing other money and valuables to AH, etc., the lower court has credibility in the witness’s statement.

Therefore, we affirm the judgment of conviction of all the charges of this case.

Contrary to the allegations in the grounds of appeal, there were errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on the relation of the duties of bribery.

shall not be recognized.

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

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