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(영문) 대법원 2020.05.14 2020도1047
뇌물수수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment convicting Defendant A of the part concerning the acceptance of a parity among the facts charged against Defendant A, and the part concerning the offering of a bribe against Defendant C.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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 bribery application, business relationship or consideration, intentional act, legitimate act under Article 20 of the Criminal Act, and mistake

In addition, even if the lower court’s assertion that there was an omission of judgment on the grounds of unfair sentencing as to the grounds of appeal on the grounds of unfair sentencing, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, and thus, in this case where Defendant A was sentenced to a more minor sentence

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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