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(영문) 대법원 2017.08.23 2017도7904
특정범죄가중처벌등에관한법률위반(뇌물)등
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 B’s appeal in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable for the lower court to have found Defendant B guilty of this case’s facts charged (excluding the part not guilty of the grounds for appeal) on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err 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 unlawful solicitation, acceptance time, and acceptance amount of bribery in the crime of receiving a third party bribe as stipulated in

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that Defendant C was guilty of this case’s facts charged (excluding the part not guilty of the grounds of appeal) on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation

3. Examining the reasoning of Defendant F’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant F guilty of all of the facts charged of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err 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 the value of bribe

4. 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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