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(영문) 대법원 2015.11.17 2015도13028
뇌물수수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding Defendant B guilty of all of the charges of this case, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on a single comprehensive crime.

In addition, the ground of appeal asserts that there is an error of law in the misapprehension of legal principles as to Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court below is not a legitimate ground of appeal, as it is alleged in the ground of appeal by Defendant B as the ground of appeal or

Furthermore, the lower court did not err by misapprehending the legal doctrine that affected the conclusion of the judgment, as otherwise alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment as to Defendant F’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the lower court convicted Defendant F of all of the charges of this case on the charge of giving rise to breach of trust against AM and AP. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

In addition, the ground of appeal argues that there is an error of law in the misapprehension of legal principles as to giving rise to breach of trust against AJ, etc., is not a ground of appeal by Defendant F, or the court below does not consider it as a subject of judgment ex officio.

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