2016Do5980 Acceptance of a bribe (the name of the ancillary crime: the evidence of breach of trust)

A person shall be appointed.

Prosecutor

Attorney X, JA

Supreme Court Decision 2015Do6232 Decided October 15, 2015

Seoul High Court Decision 2015No2902 Decided April 14, 2016

July 27, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, it is just for the court below to find the defendant not guilty on the ancillary charges of this case on the grounds as stated in its reasoning, and there is no error of law such as exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misapprehending the legal principles on "illegal solicitation" in the crime of giving rise to breach of trust, as alleged in the grounds of appeal.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the primary facts charged which the court below acquitted, and there is no reason to object to the appellate brief.

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

Justices Jo Hee-de

Justices Lee Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok.