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(영문) 대법원 2017.08.23 2017도9246
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no proof of each crime regarding the fact of accepting bribe around July 17, 2015 among the facts charged in the instant case against Defendant A, the fact of accepting bribe around September 2015, and the fact of acquiring the third party bribe around July 17, 2015 among the facts charged in the instant case against Defendant B, on the grounds that there was no proof of each crime.

Examining the record, the above determination by the court below is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on job relevance in the crime of bribery.

On the other hand, the prosecutor appealed against the entire judgment of the court below, but the remaining convictions are not indicated in the petition of appeal or the reasons for appeal.

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

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