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(영문) 대법원 2013.09.12 2013도6089
뇌물수수
Text

All appeals are dismissed.

Reasons

1. As to Defendant B’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)

A. Even in a case where the defendant, who was selected as the accepter in the crime of bribery, denies the fact of the accepter and there is no evidence such as financial materials to support the fact, if the statement of the accepter is admissible, and not only the rationality, objective reasonableness, consistency before and after the statement itself, but also his human nature, and the existence of interest derived from the statement, etc., and if it is judged that there is credibility excluding a reasonable doubt in the contents of the statement, the defendant can be found guilty only by the statement of the accepter.

(see, e.g., Supreme Court Decision 2010Do15986, Feb. 10, 2011). Also, the benefit and protection of the crime of bribery is the process of performing public officials’ duties, trust in society, and the impossibility of purchasing official duties. Since the crime of bribery does not require any solicitation or unlawful act, there is no special solicitation to recognize the bribe of the received money and valuables, and there is no need for a special solicitation to accept the bribe of the received money and valuables as received in connection with their duties, and there is no need to have a quid pro quo relation.

(see, e.g., Supreme Court Decision 2010Do12754, Oct. 11, 2012). B.

The lower court, on the grounds indicated in its reasoning, based on the following: (1) Defendant B received a bribe from Defendant B in return for solicitation, such as requesting that the case be closed, and (2) Defendant B received a bribe on the grounds stated in its reasoning, on the grounds as indicated in its reasoning, on the grounds that (i) there is consistency in the L’s statement that he gave a bribe to Defendant B; (ii) there is no objective fact or circumstance that conforms to the said statement; and (iii) there is no reason to make a false statement.

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