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(영문) 대법원 2016.12.15 2016도14778
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court is justifiable to have found the Defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment 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

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the first instance judgment convicting the Defendant of this part of the facts charged on the ground that the fraud of H among the facts charged in the instant case constituted a case without proof of crime, and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

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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