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(영문) 대법원 2020.03.12 2019도17446
허위공문서작성등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant B and D not guilty on the part concerning the obstruction of the performance of official duties by deceptive means, preparation of false official documents, and the display of false official documents, among the charges against Defendant B and D, on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 “defensive” in the crime of obstruction of performance of official duties by deceptive means and the crime of preparing false official documents

2. The lower court found Defendant E not guilty on the grounds of its stated reasoning, on the part of the facts charged against Defendant E concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the acceptance of a bribe equivalent to the service payment and the illegal disposal after the acceptance of the bribe, on the ground that there was no proof of a crime as to the fact that Defendant E received property benefits equivalent to the service payment as a bribe and committed an unlawful act thereafter, and found Defendant E guilty on the part

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, 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” in the crime of acceptance of bribe and “unlawful act” in the crime of unlawful disposal

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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