If the money and valuables accepted are appropriated for public expenses, the nature of the crime of bribery;

The use of the accepted money was appropriated for the expenses required for the administration of the unit where it was used for an individual's purpose, and it does not affect the establishment of the accepted money.

Article 129 of the Criminal Act

Defendant

Defendant

Attorney Kim Jong-soo

Seoul High Court Decision 83 High Court Decision 275 delivered on October 7, 1983

Supreme Court Decision 83Do1378 Delivered on July 26, 1983

The appeal is dismissed.

The grounds of appeal by the defendant and his defense counsel are examined.

Examining the evidence cited by the judgment of the court of first instance which the court below maintained in comparison with the records, it is sufficient to acknowledge the criminal facts against the defendant at the time of the first trial on the approval of the court of first instance, and there is no violation of the rules of evidence as argued in the process of recognition, and the purpose of the accepted money and valuables was used for an individual's purpose, and it does not affect the establishment of a crime, such as the theory of lawsuit that it was used for the administration of the military unit, and the reason why the sentencing of the court of first instance is excessive cannot be deemed a legitimate ground for appeal.

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

Justices Kang Jong-young (Presiding Justice)