2012Do1564 Violation of the Aggravated Punishment, etc. of Specific Crimes (Bribery)

A person shall be appointed.

Seoul Residence

Defendant and Prosecutor

Law Firm omitted.

Seoul High Court Decision 2011No2325 Decided January 18, 2012

June 28, 2012

All appeals are dismissed.

We examine the grounds of appeal.

1. As to the Defendant’s ground of appeal

A. Regarding ground of appeal No. 1

Examining the reasoning of the judgment below in light of the records, the court below is just in finding that the defendant received KRW 10 million from OO on May 7, 2009, KRW 20 million on June 15, 2009, KRW 30 million on August 27, 2009, KRW 40 million on October 1, 2009, and KRW 40 million on October 10, 2009, respectively, for the reasons stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. Regarding ground of appeal No. 2

The lower court determined that the Defendant’s act of introducing to ○○○ the chief of police station, etc. in relation to the selection of a public construction site restaurant or an urban community supplier, or accepting money and valuables in relation to the police officer’s personnel affairs is an act related to the Defendant’s duties and constitutes a crime of acceptance of bribe, in light of the following circumstances as stated in its reasoning, including the fact that the Defendant was in a position to take charge of all police

Examining the reasoning of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable, and there was no error by misapprehending the legal doctrine on the duty relationship of bribery.

C. Regarding ground of appeal No. 3

The lower court determined that the Defendant’s act of accepting money and valuables repeatedly during a certain period of time against the recommendation of the chief of a police station, etc. related to the public construction site restaurant continuously from ○○○○○, along with the nationwide request for introduction and personnel solicitation, constituted a single and continuous crime of accepting money and valuables constitutes an inclusive crime.

Examining the reasoning of the judgment below in light of the records, the above determination by the court below is just, and there were no errors by misapprehending the legal principles on the number of crimes.

2. As to the Prosecutor’s ground of appeal

Examining the reasoning of the lower judgment in light of the records, the lower court, on the grounds stated in its reasoning, did not err by misapprehending the logical and empirical rules regarding ① KRW 1,00,000 among the facts charged of the instant case; ② KRW 1,00,000 on April 27, 2009; ③ KRW 1,000 on July 21, 2009; ④ KRW 1,50,000 on August 15, 209; ⑤ KRW 5,000,000 on September 26, 2009; ② Violation of the principle of free evaluation of evidence against logical and empirical rules regarding KRW 1,00,000, KRW 7,000 on October 24, 209; KRW 1,000 on Nov. 14, 2009; and ② KRW 2,000,000 on September 1, 201, 2009.

3. Conclusion

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

Justices Park Poe-young

Justices Shin Young-chul

Justices Min Il-young

Justices Park Poe-young