logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.12.13 2017도13456
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court affirmed the first instance judgment convicting Defendant A and D of the charges of this case on the grounds that it constitutes a case where there is no proof of a crime regarding the violation of the Political Fund Act due to a violation of a person in charge of accounting related to the deposit money on April 15, 2014, among the charges of this case against Defendant A and D, and the charges of violation of the Political Fund Act due to a disbursement not attributable to a person in charge of accounting related to

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

2. Examining the grounds for appeal by Defendant A and B in light of the relevant legal principles and records, the lower court found Defendant A and B guilty of all the facts charged of this case (except for the part not guilty of Defendant A’s grounds of appeal) against the rules of evidence, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts contrary to the rules of evidence, or by misapprehending the legal doctrine on relation to duties in the crime of bribery, comprehensive crime, illegality and admissibility of seizure, and accountant in charge under the Political Fund Act

3. Examining the reasoning of Defendant D’s appeal in light of the relevant legal principles and evidence, the lower court did not err by misapprehending the facts contrary to the rules of evidence, or by misapprehending the legal doctrine on the legality of search and seizure of electronic information, illegally collected evidence, and the concept of accountant in charge under the Political Fund Act, as alleged in the grounds of appeal.

4. Although examining the grounds for Defendant E’s appeal in light of the relevant legal principles and evidence, the lower court did not err by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal doctrine on the establishment of a public contest relationship, the loss of the status of a person in charge of accounting under the Political Funds Act, as alleged in the grounds of appeal.

5. Therefore, all appeals are dismissed. It is so decided as per Disposition.

arrow