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(영문) 대법원 2018.06.28 2018도5441
뇌물공여등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. As to Defendant B’s ground of appeal

A. The lower court found Defendant B guilty of the total amount of KRW 150 million delivered in cash to AO for Defendant E, on the grounds as stated in its reasoning, on the ground that Defendant B’s offering of a bribe to Defendant E constitutes a bribe.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on job relevance or cost relevance of the crime of offering a bribe, contrary

B. The lower court found Defendant guilty of the attack against A on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted by the lower court, 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 existence of an act of extortion and the causal relation between the person committing an offense of

2. As to Defendant E’s grounds of appeal

A. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on admissibility of evidence, as alleged in the grounds of appeal.

B. The lower court found Defendant E guilty of violating the Political Fund Act on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and violated logical and empirical rules.

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