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(영문) 대법원 2015.12.24 2015도14042
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendant guilty of the charge of bribery amounting to KRW 2 million on July 201 of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on bribe and mistake of bribe, or by omitting judgment.

In addition, the argument that Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is unconstitutional among the grounds of appeal is not legitimate grounds of appeal, as alleged in the ground of appeal by the defendant, or that the court below was not subject to judgment ex officio.

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

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