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(영문) 대법원 2016.03.10 2015도17247
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant A’s allegation of the grounds of appeal, the lower court is justifiable to have determined that Defendant A was guilty of all of the charges of this case (excluding the part not guilty of the grounds of appeal). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

2. As to the prosecutor's ground of appeal

A. As to Defendant A, the lower court found Defendant A not guilty on the ground that there was no proof of crime regarding the facts charged in the instant case (excluding the guilty part) against Defendant A on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending relevant

B. As to Defendant B, C, and D, the lower court, based on its stated reasoning, acquitted Defendant B, C, and D on the ground that there was no evidence to prove the facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is just, and it did not err in exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or in misapprehending the legal principles as to joint principal offenders, etc. under Article 133(2) of the Criminal Act, or in failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

(c)

Defendant

Based on its stated reasoning, the lower court rendered a judgment of the first instance that acquitted Defendant E or acquitted Defendant E on the ground that there was no proof of a crime.

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