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Main Issues
Article 129 of the Criminal Act Scope of Duties
Summary of Judgment
In relation to the acceptance of bribery, the term "duty" includes not only a job act within his authority, but also a case which is closely related to a job act even if it is not a job act.
[Reference Provisions]
Article 129 of the Criminal Act
Appellant, Defendant
Defendant
Judgment of the lower court
Seoul High Court, Seoul High Court, Seoul High Court, etc.
Reasons
In the first case of the crime of acceptance of bribe under Article 129 of the Criminal Act, the term "public official's duties established by demanding or promising acceptance of bribe in connection with his duties" includes not only the act of official duties belonging to his authority, but also the case where his duties are closely related to the act of official duties even though he does not belong to his duties. The defendant's original judgment does not change the fact that the defendant was in violation of the rules of evidence of the first instance court's ruling to recognize the fact that the defendant was in violation of the rules of evidence of the first instance court's decision that the defendant was in violation of the rules of evidence of the first instance court's opinion that the defendant was in violation of the rules of evidence of the first instance court's opinion that he was in violation of the rules of evidence of the second instance of the second instance court's ruling that he was in violation of the rules of evidence of the first instance court's opinion that he was in violation of the rules of evidence of the second instance of the second instance court's approval of the first instance court's 250,00,00,000.
Justices Cho Gi-chul (Presiding Justice)