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(영문) 대법원 2021.02.04 2018도465
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined the Defendant guilty of the instant facts charged and collected KRW 19,223,00 from the Defendant.

The judgment below

Examining the reasoning in light of relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

The argument that the court below erred in the misapprehension of legal principles, misunderstanding of legal principles, and infringement of right of defense as to the calculation of an unspecified amount of collection of the facts charged is not a legitimate ground for appeal since the defendant alleged that it was the ground for appeal or that it was not subject to a judgment by its authority.

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

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