Whether the act of accepting a bribe on a regular basis from the same supplier over 17 occasions during the 17-month period shall be deemed a comprehensive crime and shall be subject to the Act on the Aggravated Punishment, etc. of Specific Crimes (affirmative)

In a case where the Defendants, who are public officials, received money from the same supplier on a regular basis at least 17 occasions before and after July 15, 1987 to December 28, 198 for a certain period of time, such as prompt inspection, lack of content during the inspection process, etc., and received a bribe in connection with their duties, it is clear that a public official continued to repeat the same act for a certain period under the single criminal intent to accept a bribe in connection with his duties, and therefore, it is reasonable to regard the Defendants as a single comprehensive crime of acceptance of bribe as the crime of acceptance of bribe, and to apply the Act on

Article 2 (1) of the Aggravated Punishment Act

[Plaintiff-Appellant] Plaintiff 1 and 1648 (Gong1987, 1104) (Gong1990, 1636) and 90Do466 decided June 26, 1990

Defendant 1 and one other

Each defendant

Seoul Central District Court Decision 201

Seoul High Court Decision 90No748 delivered on May 17, 1990

All appeals are dismissed.

We examine the grounds of appeal.

(1) According to the evidence adopted by the court below, it can be sufficiently recognized that the defendants conspired to commit the act of violation of the judgment, and there is no violation of the rules of evidence such as the theory of lawsuit.

(2) As determined by the court below, if the defendants received a bribe from the same supplier on a regular basis at least 17 occasions before and after July 15, 1987 to December 28, 198 under the same supplier on a regular basis, it is clear that the defendant continued to receive a bribe in connection with his duties for a certain period under the single criminal intent that he received a bribe. Therefore, the court below's decision in the same purport is proper to punish the so-called "the defendants' decision as a single comprehensive crime of bribery," and there is no violation of the misapprehension of the legal principles as to the crime of bribery and the number of such crimes. All arguments are without merit.

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

Justices Song Man-man (Presiding Justice)