The number of crimes in which a bribe is received on 11 occasions from the same person for the same reason.

From July 1, 1982 to April 1, 1984, a bribe of KRW 2,90,000,000 in total in 11 months from the same person for the same reason shall be deemed to have been received by a single and continuous criminal intent. Thus, it is justifiable to regard this as an inclusive crime and apply Article 2(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 129(1) of the Criminal Act.

Articles 37 and 129 of the Criminal Act

Supreme Court Decision 81Do1409 Delivered on October 26, 1982

Defendant

Defendant

Attorney Kang Han-soo

Seoul High Court Decision 84No3613 delivered on June 7, 1985

The appeal is dismissed.

The defendant and his defense counsel's grounds of appeal are examined.

1. Examining the evidence in comparison with the reasoning of the judgment of the court of first instance maintained by the court below, the court below's finding the defendant guilty of the criminal facts at the time of the judgment of first instance cannot be viewed as a legitimate ground for appeal in this case where a sentence of less than 10 years is imposed, in which the court of first instance, the grounds for finding the defendant guilty of the criminal facts are just and acceptable, denying a part of the above criminal facts, and the grounds for finding an unfair sentencing that he

2. Even if there are several acts of receiving bribe over several occasions, it is reasonable to punish the defendant as a single and continuous crime if it takes place with a single and continuous criminal intent, and if it infringes on the same legal interest, it shall be punished as a single crime. As seen in this case, the defendant's receipt of a total sum of 2.9 million won from the same person for the same reason over 11 times from July 1982 to April 1984 shall be deemed to have been made by a single and continuous criminal intent. Thus, the court below's disposition that deemed it as a single comprehensive crime and deemed it as a single crime, and the court below's disposition is just and there is no error in the application of the theory of lawsuit in the application of the law. The argument is groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-tae (Presiding Justice)