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TITLE Supreme Court en banc Decision 2018Do13792 Decided August 29, 2019¡¼Crime of Abuse of Authority and Obstructing Another from Exercising Right; Coercion (Partly Acknowledged Name of Crime: Attempted Crime of Coercion); Attempted Crime of Coercion; Attempted Fraud; Instigating Destruction of Evidence; Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery); Violation of the Act on the Aggravated Punishment, Etc. of Specific Crimes (Bribery) (Party Acknowledged Name of Crime: Acceptance of Bribe); Violation of the Act on Testimony, Appraisal, etc. Before the National Assembly; Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Acceptance of Bribe for Mediation)¡½ [full Text]
Summary
[1] Admissibility of hearsay evidence
Standard for determining whether a statement based on someone else¡¯s statement constitutes hearsay evidence or original evidence
In a case involving a document recording a statement, where the veracity of its content is used as direct evidence of a crime, whether it is considered hearsay evidence (affirmative), and in a case where: (a) the admissibility of a document is recognized on the grounds that it would be used as circumstantial evidence of the fact that a statement to a certain effect was made; and (b) the relevant fact is again used as indirect evidence corroborating the content of the statement or its veracity, whether the relevant document constitutes hearsay evidence (affirmative)
[2] Requirements to be recognized as joint principal offenders of the crime of acceptance of bribe in a case involving a public official and a non-public official
In a case where a public official instigated a bribe offeror to offer a bribe to a non-public official, who is considered a joint principal offender with the said public official, whether the crime of bribery against a third person is established (negative)
In a case where joint principal liability is established for the crime of acceptance of bribe with regard to the entirety of money and valuables, or any advantages, whether to whom ¡ª a public official or a non-public official ¡ª the ownership of the bribe actually belonged affects the crime of bribe acceptance that is already established (negative)
[3] Meaning of ¡°advantage,¡± which is a component of a bribe in the criminal offense of bribery
Meaning of ¡°acceptance¡± in the crime of acceptance of bribe, and whether a bribe taker should acquire legal ownership of a bribe (negative)
Cases where a bribe taker can be deemed to have received the object of bribery itself as a bribe even when he/she does not satisfy the requirements for acquiring legal ownership of the object of bribery
In a case where: (a) a bribe taker has acquired the right of actual use and disposal of an object of bribery in an internal relationship with a bribe offeror; (b) the bribe taker, however, delayed satisfying the requirements of ownership transfer either to conceal the fact of the acceptance of bribe or to have the bribe offeror continue bearing the costs of the object of bribery, whether the crime of acceptance of bribe is established (affirmative)
[4] Meaning of ¡°bribe¡± and ¡°illegal solicitation¡± in the crime of bribery to a third person, and standard for determining whether an object constitutes a bribe in relation to one¡¯s official duties or whether an illegal solicitation was made
[5] Meaning and components of ¡°intimidation¡± as a means of the crime of coercion, and standard for determining whether a perpetrator notified a person under intimidation of injury or harm to the point of inducing fear and terror
In a case where a perpetrator, who is engaged in a job or in a position that allows the said perpetrator to exert occupational or practical influence over another person, makes a request based on his/her job or status for advantages, etc., whether it is permissible to readily conclude that such request is intimidation (negative), and standard for determining whether such request constitutes a threat of injury or harm as a means of the crime of coercion
Prev Supreme Court en banc Decision 2018Do14303 Decided August 29, 2019¡¼Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Bribery); Abuse of Authority and Obstructing Another From Exercising Right; Coercion (Partly Acknowledged Name of Crime: Attempted Coercion); Attempted Coercion; Occupational Disclosure of Other¡¯s Secrets¡½
Next Supreme Court en banc Decision 2018Do2738 Decided August 29, 2019¡¼Offering of Bribe (Partly Changed Name of Crime: Promising to Offer a Bribe); Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Moving Property to Foreign Country); Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Violation of the Act on Testimony, Appraisal, etc. Before the National Assembly¡½
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