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(영문) 대법원 2020.06.11 2020도3121
뇌물공여등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court acquitted the Prosecutor on the grounds of appeal on the charge of forging private documents and uttering of falsified private documents among the facts charged in the instant case, deeming that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine regarding the forgery of private documents and the objects of the uttering of falsified documents, or by failing

2. The lower court affirmed the first instance judgment that convicted the Defendant of the offering of bribe and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the instant charges.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the establishment of the crime of offering of bribe, admissibility of evidence, evidence trial principle, and establishment of joint principal offenders, thereby adversely affecting the conclusion

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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