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The judgment below
The part against Defendant A is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. On the part of the illegal disposition after the acceptance of the bribe against Defendant A, and on the part of the acceptance of the bribe due to golf contact, money acceptance, and meal contact
A. Examining the reasoning of the judgment below and the evidence duly admitted by the court below, it is just that the court below found Defendant A guilty of the part of the facts charged in this case, excluding the part of the bribery and the part of the bribe acceptance Nos. 8, 12, and 24, which exceed the amount of the bribe No. 8, 14, and the part of the bribe acceptance No. 14, among the crimes committed in the judgment of the court of first instance (1). In so doing, the court below 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 principles as to the relation
B. A prosecutor filed an appeal against the remainder of the bribery charges other than the bribery charges No. 8, 12, and 24 in the crime sight table (1) as indicated in the judgment of the court of first instance, and the bribery charges No. 14, and the bribery charges No. 2 and No. 7 in the crime sight table (2) as indicated in the judgment of the court of first instance. However, there is no indication in the petition of appeal on the grounds for appeal and there is no statement in the appellate brief.
C. Defendant A filed an appeal against each part of the acceptance of bribe Nos. 2 and 7 in the crime sight table (2) in the judgment of the court of first instance, but there is no indication in the petition of appeal as to the grounds for appeal nor any statement in the appellate brief as to the grounds for appeal.
2. As to the acceptance of bribe due to the collection of congratulatory money against Defendant A (the grounds of appeal by the prosecutor and the grounds of appeal by Defendant A are examined together)
A. According to the reasoning of the judgment of the court below, the court below sent a stable amount to Defendant A with the exception of the remaining parts Nos. 1, 20, 25, 28, 28, 33, 38, and 43 among the acts of giving and receiving a stable amount listed in the annexed list of crimes (3) in the judgment of the court of first instance.