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(영문) 대법원 2020.09.24 2020도7626
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the 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 or omitting any necessary judgment on the conspiracy relation in the crime of occupational misappropriation with respect to a person who, intentionally or negligently, causes damage to another person’s business, intentional or unlawfully acquired intent in the crime of occupational embezzlement, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).

The argument that the prosecution of this case violates Article 262 (4) of the Criminal Procedure Act is not a legitimate ground for appeal, since the defendant's ground for appeal is the ground for appeal or the court below did not consider it as the subject of ex officio.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 misapprehending the legal doctrine on the property, property, other person’s intent, and intent of unlawful acquisition in special larceny, or by omitting necessary judgment.

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

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