logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.06.23 2016도3753
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s ground for appeal on the violation of the P block (hereinafter “P block”)’s promise and the Prosecutor’s ground for appeal on the acquittal portion

A. In the crime of promising a bribe, the commitment of a bribe is established if the declaration of intent of the Parties to give and take a bribe in the future in connection with their duties is definitely consistent, and the value of the bribe is not much problematic.

In addition, it does not affect the establishment of a crime of promise of bribe even if the value of the bribe is not determined and conclusive (see, e.g., Supreme Court Decisions 2000Do5438, Sept. 18, 2001). However, in applying Article 2 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Specific Crimes Aggravated Punishment Act”), where the value of the promised bribe is at least KRW 100 million as part of the constituent elements of the crime, and punishment is aggravated accordingly, the value of the bribe should be calculated as well as the amount of the bribe should be strictly and carefully recognized so as not to damage the principle of balance in the crime or the principle of liability (see, e.g., Supreme Court Decisions 69Do1288, Dec. 9, 1969; 2005Do278, Apr. 28, 2007).

(b) A prosecutor.

arrow