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(영문) 대법원 2017.11.23 2017도11613
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

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

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) among the facts charged in the instant case on the grounds 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 free conviction due to violating the logical and empirical rules, or by misapprehending the legal doctrine on job relevance, bribe, and consideration in the crime

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that found the Defendants not guilty on the grounds that the part on the premise that the amount of bribe received or provided by the Defendants among the facts charged in the instant case (excluding the guilty part) constitutes a case where there is no proof of crime, and that the part on the premise that the amount of bribe received or provided by the Defendants is more

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles as to the interest in

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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