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(영문) 대법원 2014.04.10 2014도2056
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant A guilty of the instant facts charged on the grounds stated 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 the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds

Of the grounds of appeal, the argument that the lower court erred in the misapprehension of legal principles as to the collection of additional tax in the crime of bribery is not the grounds of appeal, and that the lower court’s decision was not subject to adjudication ex officio, and is not a legitimate ground of appeal.

Furthermore, even if ex officio examination of this part of the judgment below does not contain any error as alleged in the grounds of appeal.

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the offering of a bribe among the facts charged in the instant case on the grounds stated 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 the principle of free evaluation of evidence inconsistent with logical

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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