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(영문) 대법원 2014.05.29 2014도3485
뇌물공여등
Text

All appeals are dismissed.

In the text of the judgment of the court below, “the defendant shall be punished by imprisonment with prison labor for a period of one year and two months.”

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the court below's decision as to the supply of fake petroleum ingredients among the facts charged in the instant case cannot be a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant.

2. Examining the grounds of appeal by the prosecutor in light of the reasoning of the judgment below and the records, the court below maintained the first instance court's judgment that acquitted the Defendant on the ground that there was no evidence of the crime with respect to the failure to conduct the quality inspection of the CP-3820 products and H-800 products among the facts charged in the instant case, and it is just to reverse the judgment of the court of first instance and to acquitted the Defendant on the ground that there was no evidence of the crime in light of the circumstances in the judgment, and contrary to the allegations in the grounds of appeal, there was no violation of the law

3. Therefore, all appeals are dismissed. The judgment of the court below is erroneous as it is obvious that “the charge of offering of a bribe among the facts charged in the instant case is omitted,” and it is correct ex officio. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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