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(영문) 대법원 2020.09.03 2020도8081
특정경제범죄가중처벌등에관한법률위반(수재등)등
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 crime regarding part of the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the specific amount received in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment

The Supreme Court precedents cited in the grounds of appeal are inappropriate to be invoked in the instant case, since they differ from the instant case.

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the instant facts charged (excluding the part not guilty in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Specific Economic Crimes Act.

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

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