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(영문) 대법원 2013.04.11 2013도2256
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the grounds of appeal by the prosecutor in light of the records, there is no proof of criminal facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) premised on the receipt of money and valuables in the attached Table 1 through 5 and 20, among the facts charged against Defendant A, the sum of the sum of KRW 1,6 million in the table 1 and 4, 23 and 28 attached to the judgment of the first instance among the facts charged against Defendant A, and the sum of KRW 12 million in the facts charged against Defendant B.

Therefore, maintaining the judgment of the court of first instance which acquitted the defendant on the ground is justifiable, and contrary to the allegations in the grounds of appeal, there is no violation of the principle of free evaluation of evidence.

2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant C guilty of charges on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence

3. As to the Defendant A’s grounds of appeal, the lower court determined that comprehensively based on the evidence duly examined and adopted by the first instance court, Defendant A received money and valuables of KRW 29 million as stated in the judgment of the first instance, as a bribe.

Examining the reasoning of the first instance judgment and the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the calculation of the amount of bribery acceptance and the principle of self-responsibility in the crime of acceptance of bribe, or by exceeding the bounds of the principle of free evaluation of evidence.

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