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(영문) 대법원 2018.04.24 2018도745
정치자금법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, we affirm the judgment of the court of first instance which found Defendant A guilty on the ground that there is no proof of crime as to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the charge against Defendant B among the charges against Defendant A.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state the grounds of objection against the petition of appeal or the reasoning of appeal.

2. Examining the reasoning for Defendant A’s final appeal in light of the evidence duly admitted, the lower court is justifiable to have found Defendant A guilty of acquiring a third party bribe, which is included in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) among the facts charged against Defendant A.

In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of acquiring a third party bribe, as alleged in the grounds of appeal.

Meanwhile, Defendant A filed an appeal against the remainder of convictions in the lower judgment, but did not state the grounds of objection against the petition of appeal or the grounds of appeal.

3. 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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