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(영문) 대법원 2013.07.11 2013도5548

특정범죄가중처벌등에관한법률위반(알선수재)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have determined the Defendant guilty of each of the instant charges (excluding the acquittal portion) on the grounds stated 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 misapprehending the legal doctrine on the crime of violation (Bribery)

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable cannot

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, there is no proof of facts constituting the crime of bribery, based on the premise that the sum of the amount stated in the list of crimes (4) in the attached Form No. 13 million won among the facts charged against the Defendant among the facts charged against the Defendant

Therefore, the judgment of not guilty on the ground is just, and contrary to the allegations in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

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