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(영문) 대법원 2014.05.16 2014도2038

뇌물수수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and investigated by the lower court and the first instance court, the lower court’s determination that the Defendant was guilty of the bribery amounting to KRW 20 million among the facts charged in the instant case on February 8, 2012 on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine on the relevance to duties of the bribery and exceeding the bounds of the principle of logic and experience and free evaluation of evidence.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced, and thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the sentence

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