logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.11.09 2017도12647
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the public prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted the public prosecutor on the ground of the facts charged in the instant case on the ground that: (a) around December 31, 2015; (b) around February 4, 2016; (c) around February 13, 2016; (d) around February 27, 2016; and (e) around March 24, 2016; and (b) around March 24, 2016, respectively, constituted a case where there is no proof of a crime regarding the receipt of bribe, and thus, acquitted the public prosecutor.

In light of the record, the lower court did not err by violating the rules of evidence, without examining the record.

2. Examining the reasoning of the Defendant’s final appeal in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on bribe, burden of proof, probative value of evidence, and the number of crimes of receiving or receiving bribe, or by failing to exhaust all necessary deliberations.

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

arrow