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(영문) 대법원 2015.02.12 2014도15500
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall become final and conclusive at the same time as the ruling is rendered, and the defendant shall not be able to contest against this part, and the court that has been remanded shall not render any judgment contrary thereto. Thus, the defendant shall not make any claim on this part as the grounds

In light of the above legal principles, the ground of appeal purporting that the court below erred in the application of Acts and subordinate statutes with respect to the receipt of bribe amounting to KRW 180,000,000,000,000, which was convicted of the judgment of the court below, is just a delay in a new argument as to the part of which became final and conclusive by the judgment of remand, and thus, it cannot be a legitimate ground of appeal. The court below did not err in the misapprehension of the binding force of the judgment of remand, thereby limiting the scope of the judgment.

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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