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(영문) 대법원 2014.11.13 2011도9096
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the part of the instant facts charged, excluding the part receiving KRW 2.2 million from H with respect to the bribe and the part receiving bribe from P, on the grounds the lower court found the Defendant guilty. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the intent of the crime of acceptance of bribe, business relationship

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to reverse the judgment of the first instance that found the Defendant guilty on the grounds that the charge of bribery from P constitutes a crime among the facts charged in the instant case, and to have rendered a judgment not guilty. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending

On the other hand, although the prosecutor appealed to the entire judgment of the court below, there is no statement in the petition of appeal as to the remaining facts charged, nor there is no statement in the appellate brief as to the grounds of objection.

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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