logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.09.12 2012도9158
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the public prosecutor, the elements for the establishment of a public official’s acceptance, demand, or promise of a bribe to arrange matters belonging to another public official’s duties by taking advantage of his status.

Here, the phrase “use of the status of a public official” should be a case where a public official uses a private relationship, such as friendship and kinship, or simply uses a public official’s status. At least, it should be a case where a public official who has a legal or factual relation to the handling of affairs handled by another public official is using his/her status.

(See Supreme Court Decision 2010Do11460 Decided November 25, 2010, etc.). For reasons indicated in its reasoning, the lower court reversed the judgment of the first instance that found Defendant A guilty of the facts charged in the instant case and the instant facts charged against Defendant C on the ground that there is no evidence to prove the crime, and acquitted each of them.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above determination by the court below seems to have been based on the legal principles as seen earlier, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles as to the good offices and the offering of bribe, or by exceeding the bounds of the principle

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

2. As to the Defendant A’s grounds of appeal, the lower court found Defendant A guilty of the instant conjunctive charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s judgment is so alleged in the grounds of appeal.

arrow