logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.07.11 2017도5346
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of this case’s facts charged (excluding the part not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err 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 determination of credibility of a public female’s statement in the crime of bribery, duties, relevance to duties, remuneration, degree of proof in criminal trial

Meanwhile, the argument that there is a misunderstanding of the legal principles as to the admissibility of evidence of each prosecutor's statement protocol against AA and BR in the judgment of the court below is alleged by Defendant A as the ground for appeal or by the court below's ex officio decision, and it is not a legitimate ground for appeal.

B. In addition, the lower judgment did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

2. Examining the reasoning for Defendant B’s appeal in light of the evidence duly admitted by the court below, the court below’s judgment that found Defendant B guilty of this case’s facts charged (except for the charge without any reason, acquittal, and acquittal portion) on the grounds indicated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below erred by misapprehending the facts beyond the bounds of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by misapprehending the boundaries of free evaluation of evidence in the crime of bribery, or by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, duties relation, compensation relation, criminal intent, degree of proof and burden of proof in the criminal trial, legal principle, nature of support payment, indirect and number of crimes, legislative intent and interpretation of political funds law, and the main text of Article

arrow