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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 2017.03.30 2013도10100
뇌물수수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The establishment of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have such convictions as to the extent that there is no reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such convictions are to be followed, the determination ought to be made in the interests of the defendant even if there is suspicion of guilts, such as the defendant’s assertion or defense contradictory or uncomfortable.

In addition, the above strict proof includes all the specific criminal facts stated in the indictment by the prosecutor. In particular, the date and time of the crime specified in the indictment is the main object of exercising the defendant's right to defend against the defendant, so the criminal facts should be recognized through strict proof, and there is proof of the criminal facts on the ground that there is a probability that the defendant committed the crime in another time even though it

No recognition should be made (see Supreme Court Decision 2010Do1487, Apr. 28, 201). In a case where the issue is whether to accept money or valuables, the admissibility of the statement is denied on the grounds that the defendant's statement that was identified as the recipient of money or valuables denies the fact of receiving money or that there is no objective evidence, such as financial data to support this, has to be admissible as well as that of the person who provided the money or valuables, and that there is credibility to exclude a reasonable doubt. In determining credibility, the contents of the statement themselves are not only rational, objective reasonableness, and consistency before and after the statement, but also its human beings, and in particular, there is a concern that there is a criminal charge against him and there is a possibility that an investigation may commence, or that there is a possibility that the statement will be in progress.

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