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(영문) 대법원 2016.12.15 2016도3756
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of violating the Act on the Promotion of Digitalization of Criminal Justice Process among the facts charged in the instant case 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 exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending

2. Examining the judgment of the court below in light of the records, it is just to maintain the judgment of the court of the first instance that acquitted Defendants of the facts charged (except for the part of conviction against Defendants B) of this case on the grounds as stated in its reasoning by deeming that all of the facts charged constituted a case without proof of crime. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

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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