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(영문) 대법원 2015.05.14 2014도17018
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A and B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that the instant facts charged (excluding the portion of innocence against Defendant A) among the said Defendants was guilty on the grounds stated in its reasoning is justifiable.

In so doing, 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 doctrine on job relationship in the crime of bribery.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant A and C of the instant facts charged (excluding the part of conviction against Defendant A) on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on job relevance in the crime of bribery.

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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