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(영문) 대법원 2014.06.26 2014도4232
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the facts charged in this case (excluding the portion of the judgment not guilty) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no proof of each crime regarding the acceptance of bribe from Defendant B among the facts charged against Defendant A and the facts charged against Defendant B.

Examining the reasoning of the judgment below in light of the records, the court below's decision is just and acceptable, and there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on bribery.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal and there is no statement of the grounds for appeal in the appellate brief.

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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