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The judgment below
Among them, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) against Defendant A, acceptance of bribe against the third party, and acceptance of bribe against Defendant A.
Reasons
The grounds of appeal are examined.
1. As to the grounds for appeal by both parties on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) by Defendant A and the part on the grant of bribe by Defendant B
A. We examine the Defendants’ grounds for appeal.
1) The crime of bribery is a legal interest that protects the purchase of a non-performance of duties based on the process of performance of duties and the trust in society. Since there is no need to take into account the existence of a breach of duty or a solicitation in recognizing a bribe, there is no need to consider the existence of a breach of duty or an illegal act, and there is no need to leave before and after the receipt of money and valuables and the performance
“Duties” as referred to in the crime of bribery includes not only duties prescribed by Acts and subordinate statutes, but also duties related thereto, customs or actual duties under the jurisdiction, acts of assisting or affecting decision-making persons, acts of division of duties other than duties in the past or to be in charge in the future, and all duties to be performed by public officials, such as duties falling under general duties, etc., according to the relevant duties (see, e.g., Supreme Court Decisions 2003Do1060, Jun. 13, 2003; 2004Do1442, May 28, 2004). In order to establish the crime of acceptance of bribe as referred to in Article 129(1) of the Criminal Act, public officials should accept the bribe in relation to their duties.
Therefore, the crime of acceptance of bribe is not established unless it is related to the duties of the public official.
Even if a public official receives a benefit in return for a duty to be in charge in the future, a crime of acceptance of a bribe may be established, but if it is impossible to confirm that a matter of the duty to be in charge in the future is related to the receipt of such benefit, and if it is impossible to confirm whether it is related to the receipt of such benefit, or not it is related to the receipt of such benefit in the future.