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(영문) 대법원 2019.01.31 2018도17225
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable to maintain the judgment of the court of first instance that the court below found the Defendant guilty of the instant facts charged (excluding the portion not guilty) on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the acceptance of bribe by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence.

On the other hand, the defendant did not have any intention to accept the bribe.

The argument that the portion of the donor’s advance payment cannot be seen as the acceptance of bribe is alleged to the effect that the Defendant’s ground for appeal or the lower court’s ex officio decision did not constitute a legitimate ground for appeal.

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

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