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(영문) 서울고등법원 2016.11.25 2016노1816
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below acquitted all of the facts charged by the prosecutor on the following cases: (a) around February 2007: (b) around 30,000 won in cash; (c) around March 2007; (d) around 30,000 won in cash; and (d) around October 2007; (e) around March 3, 2007, at KRW 5 million in cash; and (e) around August 3, 2007, at KRW 10 million in cash and KRW 5 million in cash; and (e) around October 2007, at KRW 5 million in cash and KRW 1 million in Smers; and (e) around October 2007, the public prosecution was instituted against the receipt of two-way disease.

With respect to the case for which the prosecutor appealed against the judgment of the court below, the court below reversed the judgment of the court below prior to the remanding of the case. (1) Around February 2007, the court below found the defendant guilty of receiving KRW 30 million in cash and KRW 30 million in two-year two-year two-year two-year one disease, ③ cash KRW 10 million in the early July 2007 or August 1, 2007 and giving and receiving KRW 5 million in cash and KRW 5 million in the two-year two-year two-years one disease in the early October 2007. (2) Around March 2007, the court below found the defendant guilty of not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"). (3), 45, 722,041 won in cash and KRW 5 million in cash and KRW 388 in the two-year one disease.

The Defendant appealed on the conviction part of the judgment of the party before remand. The Supreme Court reversed the judgment of the party prior to remand on the ground that it erred by misapprehending the legal principles on the burden of proof of crime, degree of proof necessary to acknowledge guilt, credibility evaluation of the statement by the provider of money and goods, and thereby failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

Therefore, the portion rejected by the prosecutor on the ground that the appeal by the prosecutor is groundless before the remand is also remanded to the court of final appeal on the basis of the principle of no appeal.

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