In the case of acceptance of bribery under Article 129 of the Criminal Code, the meaning of "in relation to the duties"

In relation to the acceptance of bribery in accordance with Article 129 of the Criminal Act, the term "occupational duties" includes not only occupational duties within its competence, but also practical measures related to such duties.

Article 129 of the Criminal Act

Supreme Court Decision 81Do459 Decided April 28, 1981

Defendant

Defendant

Attorney Lee Young-su, Kim Tae-tae

Daegu High Court Decision 81No327 delivered on April 6, 1982

The appeal is dismissed.

The grounds of appeal are examined.

Even according to the record, it is not recognized that the statements made by the defendant or co-defendant at the prosecution of the first instance court are not made arbitrarily in favor of the reasons and contents of the statement, and according to the evidence of the first instance court cited by the court below, it does not seem that there is an unlawful reason, such as violation of the rules of evidence, etc., in the measures that recognize the criminal facts against the defendant in the judgment of the court of first instance. And in the crime of bribery under Article 129 of the Criminal Act, the term "occupational" refers to not only the duties belonging to its authority, but also the acts that are in close relation with such duties and are dealt with in actual relation with such duties. Thus, the court below's decision that the defendant's crime of this case constitutes the crime of bribery is just and it cannot be viewed that there is an error of law by misunderstanding legal principles or lack of reason, such as the theory of lawsuit, and therefore, the argument cannot be adopted.

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

Justices Lee Chang-chul (Presiding Justice)