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(영문) 대법원 2020.03.12 2019도18882
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court found Defendant A guilty of the part of the bribery charge against Defendant A, among the facts charged against Defendant A, on October 2014.

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 doctrine on the subject of the crime of acceptance of bribe, duty relationship, and quid pro quo.

2. On the grounds of appeal by Defendant B, the lower court convicted Defendant B of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”), which is an ancillary charge against Defendant B, on the grounds as 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 “matters belonging to public officials’ duties” in the crime of violating the Specific Crimes Aggravated Punishment Act.

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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