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(영문) 대법원 2018.03.29 2017도14575
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty of the facts charged of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and records, although the court below partially inappropriate, the circumstance cited in the grounds of appeal alone alone does not make it clear that the judge is guilty to the extent that it is not able to make a reasonable doubt. Thus, the judgment of the court below which acquitted the defendant, which found the defendant not guilty, did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by misapprehending the legal principles as to the degree of proof required in criminal proceedings, or by misapprehending the legal principles as to the degree of proof

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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