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(영문) 대법원 2014.09.04 2014도4477
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by Defendant E and the prosecutor, the lower court found Defendant E guilty of the charges on the part of the facts charged that Defendant E, in collusion with C, etc., interfered with the legitimate execution of duties with respect to each of the above FN type by means of fraudulent means by leaking out the FO and FN type of the FN type of the FN type of the instant facts charged, on the grounds that Defendant E conspired with C, etc., on the part of the facts charged that Defendant E received a bribe from the applicants in collusion with the above FN type of duties, on the grounds that it could not be ruled out the possibility that Defendant E received a bribe from the applicants on the grounds of the following circumstances, such as the content of the recording of a particular person’s passing order, and D’s statement and other circumstances consistent with C’s partial statement about the extension of successful applicants. Defendant E received a bribe from the applicants in collusion with C, on the part of the facts charged that Defendant E received a bribe after the fact that it received a bribe from the applicants.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the judgment of the court below as above is just, and contrary to the allegations in the grounds of appeal by the defendant E and the prosecutor, there were no errors in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules.

2. According to the evidence duly admitted by the court below as to Defendant F’s grounds of appeal, the court below acknowledged the credibility of the statement made by A and Q on the grounds as stated in the judgment below, and based on their statements and the remaining evidence, this part of the facts charged is the whole of the facts charged

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