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(영문) 대법원 2017.12.05 2017도11728
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the part concerning the acceptance of bribe on July 20, 2012 and the part concerning the acceptance of bribe on August 29, 2012 among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court 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 doctrine on the probative value of evidence, contrary to what is alleged in the

2. The lower court found the Defendant not guilty on the grounds that there was no proof of the offense regarding the primary and ancillary charges regarding acceptance of bribe around September 26, 2013 among the facts charged in the instant case and the modified facts charged regarding acceptance of bribe around October 2013 among the facts charged in the instant case.

Examining the reasoning of the lower judgment in light of the record, 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 establishment of the crime of acceptance of bribe,

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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