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(영문) 대법원 2019.01.17 2018도15203
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendants guilty on the grounds that there was no proof of crime as to the facts charged in this case (excluding the guilty part against the Defendants B, C, and D) and sentenced the Defendants not guilty.

Even if examining the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on job relationship in the crime of bribery, contrary to what is alleged in the

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

2. While examining the reasoning of the lower judgment as to Defendant B and C’s grounds of appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err 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 job relationship and quid pro quo in the crime of bribery, contrary to what is alleged in the grounds of appeal.

3. Examining the reasoning of the lower judgment as to Defendant D’s grounds of appeal in light of the relevant legal doctrine and the evidence duly admitted, 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 misapprehending the legal doctrine on the crime of forging evidence and uttering of forged evidence, contrary to what is alleged in the grounds of appeal.

4. 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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