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(영문) 대법원 2015.11.27 2015도13529
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 and 2, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the bounds of the principle of

For the reasons indicated in its holding, the lower court determined that all of the statements made by the lender of money corresponding to the facts charged of violation of the Political Funds Act and the facts charged of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) are reliable.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles or the principle of free evaluation of evidence in violation of logical and empirical rules.

2. Examining the grounds of appeal No. 3 in light of relevant legal principles and records, the lower court’s determination that the Defendant’s duties as a member of the National Assembly and the Defendant’s money received from T is justifiable on the grounds stated in its reasoning

Contrary to the allegations in the grounds of appeal, there is no violation of law by exceeding the bounds of the principle of free evaluation of evidence.

3. Examining the ground of appeal No. 4 in light of the relevant legal principles and records, the court below is just in holding that each crime of bribery as stated in the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) is an inclusive crime, and there is no error of law as alleged in the ground of appeal.

4. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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