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(영문) 대법원 2018.12.13 2018도14757
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court deemed that the Defendant’s crime of accepting a bribe as of May 13, 2014, December 12, 2014, and October 7, 2016, constitutes a single crime, and thus applying the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) to the crime of accepting a bribe as of October 7, 2016, and the crime of accepting a bribe by the Defendant on July 28, 2016 constitutes concurrent crimes under the former part of Article 37 of the Criminal Act with the crime of accepting a bribe by the Defendant.

In view of the simple crime of acceptance of bribe, it was found guilty (except for the portion of innocence).

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, 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 the scope of the establishment of a single comprehensive crime in the crime of receiving and receiving a bribe

The Supreme Court and lower court precedents cited by the Defendant on the grounds of appeal are different from this case, and thus, it is inappropriate to invoke this case.

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

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