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(영문) 대법원 2013.11.28 2013도11279
특정범죄가중처벌등에관한법률위반(뇌물)등
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 of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes related to KRW 51 million among the charges charged against the said Defendant, based on the following: (a) was justifiable; and (b) contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules; or by misapprehending the legal doctrine on job relationship or the number of crimes in the crime of acceptance of bribe.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have acquitted the Defendants on the grounds that there was no proof of crime as to the Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the offering of bribe by the Defendants A and the offering of bribe by the Defendants B, and the offering of bribe by the Defendants A and the offering of bribe by the Defendants A, on the grounds that there was no proof of crime. 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 logic and experience and free evaluation of evidence.

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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