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(영문) 대법원 2020.11.12 2020도11354
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Defendant B affirmed the judgment of the first instance court that found Defendant B guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) among the facts charged in the instant case.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on “use of public officials’ status” under Article 1

2. Of the facts charged in the instant case, the prosecutor affirmed the judgment of the first instance court which acquitted Defendant B on the ground that there was no proof of crime regarding the part regarding the receipt of property in breach of trust against Defendant B and the receipt of property in breach of trust against

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 admissibility

3. Conclusion, Defendant B and the Prosecutor’s final appeal are 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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