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Cases
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)
B. Acceptance of bribe
(c) Violation of the Improper Solicitation and Graft Act;
Defendant
A person shall be appointed.
Appellant
Defendant and Prosecutor
Defense Counsel
Law Firm Gwangju (Attorney Lee Jong-soo et al., Counsel for defendant-appellant)
Judgment of the lower court
Seoul High Court Decision 2018Do2747 Decided April 26, 2019
Imposition of Judgment
November 28, 2019
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the public prosecutor, the lower court acquitted the public prosecutor on the ground that there was no proof of the crime regarding the bribery part among the facts charged in the instant case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery). Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules
2. On the grounds of appeal by the Defendant, the lower court acknowledged that the instant indictment procedure cannot be deemed null and void in violation of the provisions of the Act, and that the evidence obtained during the investigation process does not constitute illegally collected evidence, and found the Defendant guilty of violating the Improper Solicitation and Graft Act among the facts charged in the instant case. Examining the reasoning of the lower judgment in light of the relevant legal principles and the record, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the jurisdiction of the military court, the validity of indictment, and
3. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Kim Jong-soo
Justices Kwon Soon-il
Justices Lee Ki-taik
Justices Park Jung-hwa