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(영문) 대법원 2019.07.10 2018도7192
부정처사후수뢰등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by Defendant A, the lower court upheld the first instance judgment convicting Defendant A of the facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 “illegal disposal” in the crime of bribery after misappropriation and intentional act, or intentional act or intentional act in the crime of abandonment of duties, or intentional act or deliberate act in the crime of intimidation, or intent of unlawful acquisition.

In addition, the argument that the evidence collected after the arrest of the defendant A was not admissible as evidence because it was erroneous in the process of arrest of the defendant A, is not a legitimate ground for appeal since it is alleged in the ground for appeal that the court below was not subject to a judgment

Furthermore, even if examining the record, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

2. As to the grounds of appeal by Defendant C, the lower court upheld the first instance judgment convicting Defendant C of the facts charged, on the grounds indicated in its reasoning.

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 without exhaust all necessary deliberations, or by misapprehending the legal doctrine on “duty” in relation to duties, intentional abandonment of duties, and joint principal offense in the crime of bribery after misappropriation.

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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