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(영문) 대법원 1969. 8. 26. 선고 69도1120 판결
[알선수뢰][집17(3)형,026]
Main Issues

Examples that constitute the crime of good offices acceptance;

Summary of Judgment

If the Gyeonggi-do Military Manpower Administration's psychological research report dispatched to the Ministry of National Defense as administrative personnel of the National Committee on Countermeasures against Military Service (hereinafter referred to as the "National Committee on Military Affairs") requested a person who evaded military service to resolve the departure procedure smoothly and requested the person in charge of military affairs to correct the military register, and received 150,000 won, it constitutes a case where the person in charge of military affairs receives a bribe in relation to the referral of matters belonging to the duties of the person in charge of military affairs using a special position that may affect the defendant.

[Reference Provisions]

Article 132 of the Criminal Act

Defendant-Appellant

Defendant

Judgment of the lower court

The Ministry of National Defense, the General Military Law of the first instance, and the High Military Court of the second instance, the High Military Court of the Ministry of National Defense Act, April 18, 1969.

Text

The appeal is dismissed.

Six days of detention after the appeal shall be included in the original sentence.

Reasons

The grounds of appeal by defense counsel are examined.

However, according to the judgment of the first instance court maintained by the original judgment, the defendant was a psychological research report to the Military Manpower Administration of Gyeonggi-do, and the defendant was dispatched to the National Military Manpower Administration of Gyeonggi-do as administrative personnel of the Military Service Countermeasures Committee for the Military Service of the Ministry of National Defense on a temporary and irregular basis on January 1, 1968, and was aware of the military affairs division, from Non-Indicted 1 and Non-Indicted 2 of Seongdong-gu, Seongdongdong 117 residing in Seongdong-dong 117, Dong-dong, who entered the military affairs division, and Non-Indicted 2 of this Chapter, who was asked by the person in charge at the request of the person in charge if 1.50,00 won is cash, and arranged the military register as a result of the failure to pass the examination. The defendant was given a total of 150,000 won from the same person before and after March 6 through June 12, 199, which constitutes a ground for the issuance of a bribe to the person in charge of military affairs by using a special position that could affect the defendant.

The defendant's grounds of appeal are examined.

However, the argument that there is no serious mistake of facts in the judgment of the first instance, which has been maintained by the original judgment, does not constitute a cause under any subparagraph of Article 432 of the Military Court Act.

The paper is without merit.

Therefore, the appeal is dismissed without merit. Under Article 57 of the Criminal Act, 60 days of detention after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Hongnam-gu (Presiding Judge)

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